HomeMy WebLinkAbout01/04/1991 BAKERSFIELD
Patricia DeMond, Chair
Lynn Edwards
Patricia Smith
Staff:
Legislative: Trudy Thornton
Litigation: Bob Sherfy
AGENDA
LEGISLATIVE AND LITIGATION
Friday, January 4, 1991
12:00 noon.
City Manager's Conference Room
LEGISLATIVE:
1. Regional Governance/Growth Management
2. Information on SB 2557
LITIGATION:
1. Litigation Update
ADMIN TRATIVE REPORT
January 9, 1991
~ -' Agenda Section:
~'~'~ ' Reports
~ Agenda Item:
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS Approved
FROM: JOHN W. STINSON Department Head
ASSISTANT TO THE CITY MANAGER
DATE: January 2, 1991 City Manager
SUBJECT: Report 1-91 from the Legislative and Litigation Committee regarding
City Council Response to Request from the City of Lynwood and
Information Provided by the League of California Ci~ies regarding
.SB 2557.
NOTE: The Committee Report was not available at the time of packet
distribution.. The Committee is meeting on Friday, January 4, lg91.
Copies of the Report will be distributed at the Council meeting.
RECOMMENDATION:
1. Motion to accept Report. Group, Vote.
2. Motion to implement recommendations. Group Vote.
BACKGROUND:
Rpt.15:jp
CITY COUNCIb REFERRAL
MEETING OF: 11/28/90
REFERRED TO: LITIGATION COMMITTEE .T THORNTON
ITEM: RECORD~ 6827
Communication submitted from GlenwOod Regional
reauesting City to become involved to possibly
form a subcommittee. (Brunni)'
ACTION TAKEN BY COUNCIL:
MOTION TO REFER TO LEGISLATIVE AND LITIGATION
COMMITTEE. APPROVED,
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 11/29/90
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
City o$
11330 BULLIS RO.AD
'- LYNWOOD, CALIFORNIA 90262 Council Members
~ (213) 603-0220
ROBERT HENNtNG, MAYOR . LOUIS J. HEINE
PAUL H. RICHARDS, II .... ~,,~/-)~,."),,.V:~'ARMANDO REA
' ' ' '~ ' :~-.~:1/~"' ["IEVELYN WELLS
MA YOR PRO TEM .~.,f, ,',:'.,
November 13, 1990
n~=w Colleague:
I would l~ke to thank you and your constituents for your
support in passing resolutions and joining forces with the
Southeast Cities at the League of California Conference in
October in opposing Regional Government as outlined in
AB4242.
As you know, our resolution was approved by the League and it
is now time for us to take responsibility for addressing
these issues 'on a local level. In an effort to marshall
forces throughout the State of California, we are asking you
to set up task forces in your area.
Task forces are to be formed in accordance with the
resolution on Regional Government which was adopted by the
League of California Cities. A copy of this resolution is
enclosed. We cannot afford to let the momentum of this issue
die down. We would like to be kept informed, of your
meetings, times and dates as well as the progress of your
task forces.
The Southeast Cities has scheduled a meeting for November
21, 1990 at 6:30 p.m. in the Bateman Hall complex of LyT~w'ood
City Hall, 11331 Ernestine Avenue, Lynwood, to brainstorm as
well as develop task forces. We must continue our work, get
organized, and have something in place for our state
Legislators as soon as possible before the next legislative
session opens in Sacramento.'
You are cordially invited to join us.
Sincerely,
ROBERT HEENING
Mayor
PROPOSED AMENDMENTS TO CONFERENCE
PETITION RESOLUTION OPPOSING REGIONAL GOVERNMENT
WHEREAS, the i990 session of the State Legislature produced
various bills dealing with regional government; and
WHEREAS, AB 4242 would have created an unnecessary layer of
government; and
WHEREAS, fortunately for cities, this legislation was not
enacted by the State Legislature; and
WHEREAS, cities have every reason to believe that regional.
government will be again addressed by the State Legislature
in one form or another in 1991 and thereafter; and
WHEREAS, the apparent intention of 'the State Legislature.'is
to dramatically alter the fundamental structure of local
government by instituting an additional layer of government
in the form of regional government; now, therefore, be it
RESOLVED, by the General Assembly of the League Of
california cities assembled in Annual Conference in Anaheim,
California, October 23, 1990 that the stated policy of the
League of California Cities shall be:
1. to continue to oppose AB4242 as presented in the last
legislative session, unless amended to meet League concerns;
2. there are problems of regional significance that cities
must work on cooperatively and in concert to solve~ and
3. to set in motion task forces in each region to work on
solutions to solve these problems.
57. INITIATIVE RESOLUTION RELATING TO REGIONAL GOVERNANCE
Source: City of Lynwood
WHEREAS, the 1990 Session of the State Legislature produced various bills dealing
with regional government; and
WHEREAS, AB 4242 would have created an unnecessary, layer oi5 government; and
VvT-IEREAS, fortunately for cities, this .legislation was not enacted bv the State
Legislature; and
WHEREAS, cities have every, reason to believe that regional government will be
again addressed by the State Legislature in one form or another in 1991 and thereafter; and
WHEREAS, the apparent intention of the State Legislature is to dramatically alter
the fundamental structure of local government by instituting an additional layer of
government in the form of regional government, now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled
a.~nual Coherence in Anaheim, October 23, 1990, that the stated policy of the League
California Cities shall be:
:o continue to oppose AB 4242 as presented in the last legislative session, unless
.::mcncied to meet League concerns; and
· £. ~o set in motion task forces in each region to work on solutions to solve problems
of regionai significance that cities must work on cooperatively and in concert io solve; and,
be ;',' flare,er
RESGLVED, that the General Assembly of the League of California Cities reaffirm
its Growm Management Strategy as policy for the League.
40
MEMORANDU
December !9, !990
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: J. DALE HAWLEY, SITY MANAGER ~~
SUBJECT: CITY COUNCIL REFERRAL FOR CITY OF LYNWOOD REQUEST
On November 285 1990, The City Council referred a letter from the
~ity of Lynwooa to :~e Legislative ana Litigation Committee regarain~
whether :ne City of Bakersfield snouid form a task force to ODpOse
reaionai government as ou~linea in AB &242 anu to work Cooperatively
~nu in concer~ wit~ o~her'cities ~o solve problems of regional
significance.
Staff has aeen in con~act wi~h the City of LynwooU to discuss its :asK
force wnicn nas as a goai, the deveioDment of a regional plan which
will allow it to be excluUeU from a Sta~ewide plan (as proposeU in
AB ~242). There are 23 .contiguous cities involved in this Southeast
Cities ~asK force, consisting of ma~ors and city councilmembers. The
task force is relatively new and is in the process of determining
which agencies are already invoive~ in regional concerns before
~acKling ~ose concerns themselves.
Currently, ,~e City of Bakersfield deals with regional issues througn
t~e use of personnel speciaiizing in specific issues. For instance,
~!annin~ deais with air duality anU the environment, Water with water
,]uaii~y, Fire with hazarOous materiais, an~ Sanitation with solid
waste management. These departments dea~ with other governmental
agencies in meeting state and federal laws. In audition, the Kern
County City Manager's Association and Kern County Association.of
Cities mee~ on reguiar bases ~o discuss issues of concern county an~~
reaion wide. This issue is scheduled to be discussed at a Legislative
anu Litigation Committee meeting in January.
CouncilmemUer OeMonu, as Chair of ~he Legislative an~ Litigation
Committee, ~as askeO tha: I pass the above information ~o you to kee~
you apprised of status changes.
JDH:jp
cc: City Attorney
Truuy Thornton
News Me, ia File
CITY COUNCIL REFERRAL
HEETZNG OF' 12/19/90
REFERRED TO: LEGISLATIVE & LITIGATION COMMITTEE T THORNTON, R SHERF
Y
T~M
..... : RECORD~ 7363
AssemDly Bill '3 (Brown) and Senate Bill 15
(McOorauendale). .(Brunn1)
ACTION TAKEN BY COUNCIL'
REFER TO LEGISLATIVE AND LITIGATION COMMITTEE.
· BACKUP MATERIAL ATTACHED' YES
DATE FORWARDED BY CITY CLERK: 12/20/90
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS iS MADE.
PAGE 1
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: AB 3
BILL TEXT
INTRODUCED BY Assembly Member Willie Brown
DECEMBER 3, 1990
An act to amend Sections 65040, 65041, 65042, 65043, 65044, 65045, 65046,
65047, 65048, and 65049 of, to amend the heading of Article 5 (commencing with
Section 65041) of Chapter 1.5 of Division 1 of Title 7 of, to add Section
56325.1 to, to add Title 6.5 (commencing with Section 62000) to, and to repeal
Section 65040.6 of, the Government Code, and to repeal and add Section 13200
of the Water Code, relating to regional development and infrastructure
planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 3, as introduced, W. Brown. Regional government.
(1) Existing law establishes within each county a local agency formation
commission with specified powers over the organization and reorganization of
local agencies with the intent of discouraging urban sprawl and encouraging
the orderly formation and development of local agencies. Existing law
authorizes the establishment of councils of government through the exercise of
joint powers agreements.for various purposes. Existing law establishes air
pollution control districts and regional water quality control boards with
specified powers.
This bill would create, in state government, the State Growth Management '
Commission consisting of 19 persons appointed, in specified numbers, from
lists submitted by various specified organizations representing different
interests. The commission would succeed to the powers, duties, and
responsibilities of the Office of.Planning and Research and the Office of
Planning and Research would serve as staff to the commission. The commission
would be required to, among other things, review the plans of state agencies
and regional agencies for consistency with the State Conservation and
Development Plan, which would be prepared by the commission, and to resolve,
as specified, any inconsistencies.
The bill would establish ~%'geographic regions encompassing the state and
would establish a regional development and infrastructure agency in each
region. By requiring the participation of cities, counties, and special
districts in the regional agency,'this bill would impose a state-mandated
local program.
The bill would state the findings of the Legislature that growth problems
including traffic congestion, inadequate waste disposal and sewage capacity,
lack of affordable housing, and deteriorating water and air quality, transcend
PAGE 2
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: AB 3
BILL TEXT
existing local government boundaries. The bill would state the declaration of
the Legislature of the need to reorganize local government to create a means
for regional action on regional problems.
This bill would specify the procedures for the appointment and election of
the agency board members and their terms, compensation, and powers. The bill
would specify that the agency succeeds to the powers and duties of councils of
governments, regional transportation planning agencies, air quality management
districts, air pollution control districtg, and regional water quality control
boards, for specified purposes.
This bill would require the agency to prepare, adopt, and maintain a
regional plan, consistent with the state plan, to contain correlated elements
relating to air quality, water quality, transportation, housing, sphere of
influence, and capital facilities, as specified. The bill would specify a
mechanism for effectuation of the regional plan. The bill would impose a
state-mandated local program by requiring that any application by a local
agency for financial assistance which relates to or substantially affects any
matter within the scope of mandatory elements of the regional plan shall be
submitted to the agency board for approval. The bill would'require that, on
the date the agency board becomes the governing board of the various entities
it replaces, all revenues which counties, cities, and special districts
provided to those entities shall be provided to the agency for its support,
thereby imposing a state-mandated local program. The bill would make other
provisions for employee and budget matters and recall of board members and
would make conforming changes in existing law.
(2) Existing law establishes the Planning Advisory a~d Assistance Council
.in the Office of Planning and Research to assist the office in preparing the
Statewide Environmental Goals and Policy Report.
This bill would eliminate the council and the report and instead require
the commission, with the assistance of the office, to prepare the State
Conservation and Development Plan, as specified.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement,
including the creation of a State Mandates Claims Fund to pay the costs of
mandates which do not exceed $1,000,000 statewide and other p~ocedures for
claims whose statewide costs exceed $1,000,000.
'This bill would provide that no reimbursement shall be made from the State
Mandates Claims Fund for costs mandated by the state pursuant to this act, but
would recognize that local agencies and school districts may pursue any
available remedies to seek reimbursement for these costs.
Vote: majority. Appropriation: no. Fiscal committee= yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56325.1 is added to the Government Code, to read:
56325.1. Notwithstanding Section 56325, there is in each subregion, as
PAGE 3
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: AB 3
BILL TEXT
defined in Section 62554, a local agency formation commission which is the
subregional authority created pursuant'to Article 2 (commencing with Section
62553) of Chapter 9 of Title 6.5, which succeeds to all powers, duties, and
· responsibilities of county local agency formation commissions within the
subregion.
SEC. 2. Title 6.5 (commencing with Section 62000) is added to the
Government Code, to read:
TITLE 6.5. GROWTH MANAGEMENT
CHAPTER 1. LEGISLATIVE FINDINGS AND DECLARATIONS
62000. The Legislature finds that:
(a) Explosive population growth in California has placed an increasing
strain on existing public facilities, services, and resources. Traffic
congestion, inadequate waste disposal and sewage capacity, deteriorating air
and water quality, and a lack of affordable housing are some of the problems
caused by unmanaged growth in urban and urbanizing areas of the state.
(b) Because growth problems spill over into neighboring jurisdictions
within a region, effective action to resolve these problems must transcend
existing local government boundaries.
(c) Because the method for distributing sales and property taxes encourages
intergovernmental.competition for revenue-producing development, voluntary
cooperative efforts among neighboring jurisdictions have not been able to
resolve the problems associated with growth.
(d) Voluntary cooperative agreements among local governments on growth
problems have disintegrated when significant parties have withdrawn, conflicts
have led to protracted bureaucratic fighting and litigation, or one party has
attempted to dominate action under the agreement.
(e) Growth issues cross not only political boundaries but functional lines
of responsibility as well. Because decisions meant to solve one growth policy
problem often create problems in other policy areas, effective growth
management must comprehensively integrate competing and conflicting policy
objectives. Therefore, because agencies in California operating on a
statewide and a regional scale are primarily single purpose, they are
consequently incapable of making the complex tradeoffs inherent in decisions
about growth.
(f) In addition to the problem of single-purpose responsibility, regional
agencies in the state are plagued by other shortcomings that compromise their
effectiveness, including insufficient authority to implement plans or require
consistency among local general plans and regional goals, and dependence on
local government members for fiscal and political support. 62001. The Legislature therefore declares that:
(a) Changes in the institutions'responsible for managing growth are
necessary to cope with the'population increases projected for the state
through the end of the century and to sustain a desirable quality of life for
all Californians.
(b) Organizational changes at the state level will increase the certainty
over the outcome of land use development and conservation decisions which are
often undermined or overridden by local communities which retain nearly total
control over land use.
PAGE 4
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: AB 3
BILL TEXT
(c) Reorganizing local government to create the means for regional action
on regional problems will achieve: economies of scale in infrastructure
development, interjurisdictional cost equity where problems extend beyond
legal jurisdictional boundaries, improved decisionmaking on siting locally
undesirable developments of regional benefit, integrated and consistent
planning, and more equitable tradeoffs in policy decisions where, problems
extend beyond the functional responsibilties of single-purpose regional
agencies.
62002. It is the intent of ~he Legislature to reorganize existing regional
agencies and to reassign authority for their functions based on the following
principles:
(a) Horizontal.consistency among the plans of local governments,, including
cities, counties, and special districts, within a region.
(b) Vertical consistency between local and regional plans and objectives,
and their implementation.
(c) Functional comprehensiveness.
(d) Equity in the provision of services.
62003. It is the intent of the Legislature that the decisions, policies,
plans and programs of the agencies created pursuant to this title shall
implement the following policies in achieving the overall objectives of (1)
providing infrastructure and services necessary to accommOdate growth in the
state's population; and (2) protecting the state's natural resources and
improving environmental quality:
(a) Section 65030 relating to the protection of land resources.
(b) Section 65030.1 relating to the guidance of growth by the planning
process.
(c) Section 65030.2 relating to the relationship of short-term costs and
benefits to long-term environmental impacts and costs and benefits.
(d) Section 65033 relating to the importance of public participation in the
planning process.
(e) Section 56300 relating to urban development patterns and the
preservation of open space.
(f) Section 56301 relating to the discouragement of urban sprawl.
(g) Section 56377 relating to the conversion of open-space lands.
(h) Section 65580 relating to the importance of housing availability.
(i) Section 65581 relating to the need to attain the state's housing goal.
(j) Sections. 65561 and 65562 relating to the importance of open-space lands
as a valuable resource.
(k) Section 14000 relating to transportation.
(1) Sections 13000 and 13001 of the Water Code relating to the
conservation, control and use of water.
(m) Section 13142 of the Water Code relating to principle and guidelines
for water policy.
(n) Section 13142.5 of the Water Code relating to the coastal marine
environment.
(o) Section 13241 of the Water Code relating to water quality objectives.
(p) Section 51220 relating to the importance of preserving the supply of
agricultural land.
(q) Section 51220.5 relating to population density in agricultural areas.
(r) Sections 39000 and 39001 of the Health and Safety Code relating to the
PAGE 5
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: AB 3
BILL TEXT
importance of maintaining the quality of the physical environment and
safeguarding the public's interest in clean'air.
(s) Section 39601 of the Health and Safety Code relating to consistency
between air quality standards, rules and regulations with state housing goals.
(t) Sections 40001 and 40901 of the Health and Safety Code relating to the
importance of attaining state and federal air quality standards.
(u) Sections 21000, 21001, 21001.1, 21002, 21002.1, 21003, 21003.1, 21004,
and 21005 of the Public Resources Code relating to environmental quality~
(v) Sections 30001, 30001.2, '30001.5, and 30002 of the Public Resources
Code relating to the coastal zone.
(w) Sections 31050, 31051, 31052, 31053, and 31054 of the Public Resources
Code relating to various uses of land in the coastal zone.
(x) Section 32001 of the Public Resources Code relating to the economically
and environmentally sound restoration, revitalization and development of coast
and inland urban waterfront areas.
(y) Section 33001 of the Public Resources Code relating to the 'Santa Monica
Mountains as a resource.
62004. The Legislature recognizes that'conflicts may occur between one or
more policies referenced in Section 62003. Therefore, it is the intent of the
Legislature that these conflicts be resolved in a manner which is most
protective of California's land, air, and water resources by locating the
· development and infrastructure necessary to accommodate growth within more
compact and concentrated development patterns.
CHAPTER 2..DEFINITIONS
.62100. The definitions contained in this chapter govern the construction
of .this title unless the context requires otherwise.
62101. "Agency" means the regional development and infrastucture agency.
62102. "Board" means the regional development and infrastructure agency
board.
62103. "City" means any chartered or general law city and any other city
or town incorporated pursuant to law.
62103.5. "Commission" means the State Growth Management Commission.
621041 "County" means any city and county and any chartered or general law
county.
62105. "Developer" means any private person or public agency undertaking a
development.
62106. "Development" means any material change in the use or appearance of
any land or structure.
62107. "Development ordinance" means an ordinance adopted by the regional
board for the implementation of any regional plan adopted by the regional
board.
62108. "Infrastructure" means all public facilities necessary to
accomodate population growth, 'including, but not limited to, transportation
infrastructure, sewage collection and treatment facilities, solid waste
disposal facilities, and housing.
62109. "Legislative body" means the legislative or governing body of a
county, city, or special district.
62110. "Local agency" means a county, city, or special district.
PAGE 6
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBERs AB 3
BILL TEXT
62111. "Permit" means' any permit authorized or requiredby ordinance of
the regional board or legislative body of a local agency to be issued to a
developer prior to the start of a development.
62112. "Plan" unless expressly limited includes any general plan, specific
plan, or interim plan adopted by the regional board or the legislative body of
any local 'agency.
62113. "Region" means an area defined in Chapter 4 (commencing with
Section 62200).
62114. "Regional" means anymatter substantially affecting the
unincorporated or incorporated territory, inhabitants, or real or personal
property, of two or more counties or cities, or any combination of counties
and cities.
62115. "Regional board" means the governing body of the Regional
Development and Infrastructure Agency.
62116. "Special district" means any public corporation, other than a
county or a city, formed pursuant to general law or special act for the
performance of governmental or proprietary functions within limited
boundaries.
62117. "Urban development" means any material change in the use or
appearance of any land or structure within an area defined by urban growth
boundaries established pursuant to subdivision (e) of Section 62501.
CHAPTER 3. STATE GROWTH MANAGEMENT COMMISSION
62150. There is i~ state government the State Growth Management Commission
consisting of 19 members. The Governor shall appoint:
(a) Two members of the commission from a list of four persons nominated bY
the League of California Cities who have a background in city government.
(b) Two members of the commission from a list of four persons nominated by
the County Supervisors' Association of California who have a background in
county government.
(c) One member of the commission from a list of two persons nominated by
the Association of California Water Agencies who have a background in water
supply.
(d) Two members of the commission from a list of four persons nominated
jointly by the California Farm Bureau Federation and the American Farmland
Trust who have a background in agricultural production or agricultural land
preservation.
(e) Three members of the commission from a list of six persons nominated
jointly by the California Building Industry Association and the California
Association of Realtors who have a background in development or real estate
interests.
(f) Three members of the commission from a list of six persons nominated
jointly by the California Chamber of Commerce and the California Manufacturers
Association who have a background in manufacturing, business, and public
utilities.
(g) One member of the commission from a list of two persons nominated by
the AFL-CIO who have ~ background in labor.
(h) One member of the commission from a list of two persons nominated
jointly by the Western Center on Law and Poverty and the California Rural
PAGE 7
Display 1991-1992 BAll Text - INFORMATION
BILL NUMBER: AB 3
BILL TEXT
Legal Assistance Foundation who have a background in affordable housing.
(i) Four members of the commission from a list of eight people nominated
jointly by the Sierra Club, the Environmental Defense Fund, the Greenbelt
Alliance, and the Planning and Conservation League who have a background in
improving air quality, improving water quality, open space preservation, or
natural habitat protection.
62151. Each member of the commission shall represent the state at large
and not any particular area thereof and shall serve on a full-time basis.
62152. Nominations to the commission shall be made not later than February
1, 1992. Every appointment shall be subject to the advice and consent of the
Senate.
62153. The terms of office of the members of the commission shall be for
five years. Vacancies shall be filled in the same manner specified in Section
62150. If nominating authorities fail to make a nomination to the commission
within the required period, the Governor shall make the nomination to fill the
vacancy.
62154. The members of the commission shall receive an annual Salary of
__. Each member of the commission shall receive necessary traveling and
other expenses incurred in the performance of his or her official duties.
62155. Each member of the 'commission shall have one vote, A majority of
the members of the commission shall constitute a quorum for the transaction of
business. However, a majority vote of the entire, commission is necessary to
act on'any matter before the commission.
62156. Every five years the Governor shall designate a chairperson and a
vice chairperson of the commission from among its members'.
62157. Any member of the commission may be removed from office by the
Legislature, by concurrent resolution adopted by a majority vote of each
house, for dereliction of duty, corruption, or incompetency.
62158. The commission may hold any hearings and conduct any in%estigations
in any part of the state necessary to carry out its powers and duties
prescribed in this act.
62159. The commission shall have the following powers and duties.:
(a) Succeed to the powers, duties, and responsibilities of the Office of
planning and Research.
(b).Review the plans of state agencies and departments for consistency with
the State Conservation and Development Plan specified in Section 65041.
Inconsistencies shall be resolved by the commission.
(c) Review the regional plans prepared pursuant to Section 62500 for
consistency with the State Conservation and Development Plan and the plans of
neighboring regions. The commission shall inform the regional'board of any
plan inconsistencies pursuant to this section within 60 days of receipt of the
plan. If inconsistencies still exist after revision of the regional plan, the
inconsistencies shall be resolved through the conflict resolution procedure
developed by the commission pursuant to subdivision (d). Ifthe conflicts are
not resolved through the procedure, the commission may resolve them.
PAGE 8
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BILL NUMBER: AB 3
BILL TEXT
(d) Hear and resolve disputes between regional development and
infrastructure agencies established pursuant to Chapter 4 (commencing with
Section 62200).
(e) Develop a procedure to resolve conflicts among regional agencies,
subregional authorities, and local agencies.
(f) Prepare a consolidation plan pursuant to Section 62414.
(g) Perform duties as required in Sections 62202 and 62208.
CHAPTER 4. CREATION OF REGIONAL DEVELOPMENT AND INFRASTRUCTURE AGENCIES
62200. A Regional Development and Infrastructure Agency is hereby
established in each of the following:
(a) San Francisco Bay Area Region.
(b) San Diego Region.
(c) Los Angeles Region.
(d) South Central Coast Region.
(e) North Central Coast Region.
(f) Sacramento Valley Region.
(g) Central Valley Region.
62201. The San Francisco Bay Area Region consists of the area defined by
the San Francisco Bay Area Air Basin in Section 60101 of Title 17 of the
California Code of Regulations and all areas included within the boundaries of
the County of Solano.
62202. (a) The San Diego Region consists of the area defined by the San
Diego Air Basin on January 1, 1990, in Section 60110 of Title 17 of the
California Code of Regulations.
(b) (1) The Legislature finds and declares the following:
(A) The San Diego County Board of Supervisors. and the city councils of all
cities in San Diego County are making a positive attempt to manage growth
issues on a regional basis by amending the San Diego Association of
Governments joint powers agreement to establish the Regional Planning and
Growth Management Review Board.
(B) The Regional Planning and Growth Management Review Board has a
self-certification process and a conflict resolution procedure for achieving
consistency among its plans and the plans of local agencies within San Diego
County.
(C) The County of San Diego and all cities within the County of San Diego
are parties, and intend to continue to remain parties, to the joint powers
agreement that established the Regional-Planning and Growth Management Review
Board.
(2) The Legislature, therefore, declares that local agencies within the
boundaries of San Diego County are not-subject to the provisions of this title
if all of the following conditions.are satisfied~
(A) The Regional Planning and Growth Management Review Board prepares the
Regional Growth Management Plan described in Proposition C, which was approved
by the voters of the County .of San Diego in November 1988, and adopts the plan
by January 1, 1992.
(B). The Regional Planning and Growth Management Review Board agrees to
enter into formal agreements with the San Diego County Air Control District,
the SanDiego Regional Water Quality Control Board, and the San Diego County'
PAGE 9
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER= AB 3
BILL TEXT
Local Agency Formation Commission in order to address growth problems ~n a
comprehensive and integrated fashion.
(C) The local agencies within the County of San Diego agree to self-certify
the consistency of the pertinent elements of their general plans.with regional
plans within one year following the adoption of the Regional Growth Management
Plan.
(D) Pursuant to Proposition C, the Regional Planning and Growth Management
Review Board shall establish an equitable funding allocation method for
purposes of allocating funding for which it is responsible, among local
agencies, in order to further the planning and implementation of the growth
management strategies contained in the Regional Growth Management Plan.
(E) The Regional Growth Management Plan is consistent with all of the
following=
(i) California Clean Air Act of 1988 enacted by Chapter 1568 o~ the
Statutes of 1988.
(ii) Katz-Kopp-Baker-Campbell Transportation Blueprint for the Twenty-first
Century enacted by Chapter 106 of the Statutes of 1989.
(iii) Integrated Waste Management Act of 1989 Division 30 (commencing with
Section 40900) of the Public Resources Code.
(iv) Requirements established pursuant to the provisions of the Water Code
for the protection of water quality.
(v) The statement of the regional housing needs Prepared in accordance with'
Section 65584.
(3) The Regional Planning and Growth Management Review Board shall report
to the following agencies on the requirements of paragraph (2) and every five
years thereafter=
(A) To the Air Resources Board on the requirements of clause (i) of
subparagraph (E) of paragraph (2).
(B) To CalTrans on the requirements of clause (ii) of subparagraph (E) of
paragraph (2).
(C) To the California Integrated Waste Management Board on the requirements
of clause (iii) of subparagraph (E) of paragraph (2).
(D) To the State Water Resources Control Board on the requirements of
clause (iv) of subparagraph (E) of paragraph (2).
(E) To the Department of Housing and Community Development on the
requirements of clause (v) of subparagraph (E) of paragraph (2).
(4) Within 30 days of receiving the reports specified in paragraph (3), the
agencies shall report to the commission on the consistency of the Regional
Planning and Growth Management Review Board with the requirements of
subparagraph (E) of paragraph (2). The commission shall make a preliminary
determination of consistency based on the analysis of the reporting agencies
and testimony at a public hearing. Conflict resolution Procedures established
pursuant to Section 62159 shall be utilized to resolve disagreements. If
these procedures fail to resolve disagreements, the commission shall make a
final consistency determination. If the commission makes a final
determination that a regional plan is inconsistent, the commission shall
announce within 30 days thereafter a plan to implement this title, in the San
Diego Region.
62203. The Los Angeles Region consists of all area included within the
boundaries of Los Angeles County, Orange County', Riverside County, San
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Bernardino County, Ventura County, and Imperial County.
62204. The South Central Coast Region consists of all area included within
the boundaries of San Luis Obispo County and Santa Barbara County.
62205. The North Central Coast Region consists of the area defined by the
North Central Coast Air Basin on January 1, 1990, in Section 60102 of Title 17
of the California Code of Regulations.
62206. The Sacramento Valley Region consists of all areas included within
the boundaries of Sacramento County, Yolo County, Sutter County, Yuba County,
that portion of E1 Dorado County with water drainage to the area included in
the SacramentO Valley Air Basin as defined on January 1, 1990, in SeCtion
60106 of Title 17 of the Calfornia Code of Regulations, and that portion of
Placer County included within the boundaries of the SaCramento Valley Air
Basin as defined onJanuary 1, 1990, in Section 60106 of Title 17 of the
California Code of Regulations.
62207. The Central Valley Region consists of the area defined by the San
Joaquin Valley Air Basin on January 1, 1990, in Section 60107 of Title 17 of
the California Code of Regulations.
62208. The requirement to create a Regional Development'and Infrastructure
Agency pursuant to this title shall not be applicable in any region, defined
in this chapter, which does the following:
(a) Establishes the following by January 1, 1993:
(1) A conflict resolution procedure for achieving consistency among the
plans of the regional and local agencies within the region.
(2) A means for preparing a comprehensive regional plan containing the
elements and meeting the requirements for a regional plan set forth in Chapter
9 (commencing with Section 62500).
(3) A method is established to provide for an equitable allocation of funds
which are allocated on a regional basis among local agencies in order to
further the planning and implementation of the growth management strategies
contained in the regional plan.
(4) A schedule for adopting the regional plan and amending local plans to
achieve consistency with the regional plan by January 1, 1995.
(b) Adopts a regional plan Consistent with all of the following:
(1) California. Clean Air Act of 1988 (Chapter 1568 of the Statutes of
1988).
(2) Katz-Kopp-Baker-Campbell Transportation Blueprint for the Twenty-first
Century (Chapter 106 of the Statutes'of 1989).
(3) Integrated Waste Management Act of 1989 (Division 30 (commencing with
Section 40900) of the Public Resources Code).
.(4) Requirements established pursuant to the WaterCode for the protection
of water quality.
(5) The statement of the regional housing needs prepared in accordance with
Section 65584.
(6) The State Conservation and Development Plan adopted by the commission.'
(c) Reports to the following agencies on the requirements of subdivision
(b) within 30 days after the requirements have been initially achieved and
every five years thereafter:
(1)'To the Air Resources Board on the requirements of paragraph (1) of
subdivision (b).
(2) To the Department of Transportation on the requirements of paragraph
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(2) of subdivision (b).
(3) To the California Integrated Waste Management Board on the requirements
of paragraph (3) of subdivision (b).
(4) T6 the State Water Resources Control Board on the requirements of
paragraph (4) of subdivision (b).
(5) To the Department of Housing and Community Development on the
requirements of paragraph (5) of subdivision (b).
(6) To the commission on the.requirements of paragraph (6) of subdivision
(b).
62209. Within 30 days of receiving the r~ports specified in subdivision
(¢) of Section 62208, the agencies shall report to the commission on the
region's consistency with the requirements of subdivision (b) of Section
62208. The commission shal~ make a preliminary determination of consistency
based on the analysis of reporting agencies and testimony at a public hearing.
Conflict resolution procedures established pursuant to Section 62159 shall be
used to resolve disagreements. If these procedures fail to resolve
disagreements, the commission shall make a final consistency determination.
If the'commission determines that the requirements in subdivision (b) of
Section 62208 have not been met in the region, the commission shall announce
within 30 days a plan to implement this title in the noncomplying region.
CHAPTER 5. REORGANIZATION OF AGENCIES TO CONFORM WITH REGIONAL
BOUNDARIES
62210. Air pollution control districts created pursuant to Section 40002
of the Health and Safety Code with geographic jurisdiction covering an area
smaller than that of the region, as defined in Chapter 4 (commencing with
Section 62200), in which they are located shall be consolidated into a
regionwide air pollution control district with geographic boundaries
coterminous with those of each region'as defined.
62211. The boundaries of the South Coast Air Quality Management District
shall be coterminous with the boundaries of the Los Angeles Region as defined
in Section 62203.
62212. The boundaries of the Metropolitan Transportation Commission shall
be coterminous with the boundaries of the San Francisco Bay Area Region as
defined in Section 62201.
CHAPTER 6. SELECTION OF INITIAL BOARD MEMBERS
62250. Theregional development and infrastructure agency board shall be
the governing body of the agency,'and its members shall be initially selected
as provided in this chapter.
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62251. Beginning January 1, 1993, the agency board shall be composed of 13
members, who shall be selected from districts by the voters of the district
with a requirement that the member reside in the district within the region.
62252. (a) An initial election to select the board members provided by
this chapter 'shall be held, to be consolidated with the statewide general
election on the third day of November 1992.
(b) Subsequent elections to Select board members shall be held every two
years and shall be consolidated with the statewide general election.
62253. As nearly as practicable, board members shall be nominated and'
elected in accordance with the provisions of the Elections Code for general
district elections held pursuant to the Uniform District Election Law as
provided in Part 3 (commencing with Section 23500) of Division 12 of the
Elections Code.
62254. Each candidate for the office of member of the agency board shall
file with the county clerk of the county in which he or she resides nomination
papers signed by not fewer than 30 registered voters residing in the district.
Each board member, at the time of his or her nomination and election and
during the term, of his or her office, shall be a resident and registered voter
of the district.
62255. The term of office of each board member elected in November 1992
shall begin at 12 noon on January 1, 1993. The term of office for elected
board members shall be four years; except that the initial term of office for
board members shall be either two years or four years. At the regular meeting
of the agency board in January 1993, it shall be determined by lot which six
board members shall have terms expiring on January 1, 1995, and which seven
board members shall have terms of office expiring on.January 1, 1997.
62256. Vacancies among board members selected pursuant to this article
shall be filled in the same manner as vacancies on the board of supervisors as
provided in Sections 25060 and 25061.
CHAPTER 7. THE AGENCY BOARD
62300. The legislative andgoverning powers of the agency shall be vested
in the agency board which shall constitute the legislative and governing body
of the agency, and which shall exercise all powers of the agency, except as
otherwise provided in this title.
62301. The clerk of the board shall inform each member of the time and
place of the organizational meeting of the agency board. The organizational
meeting of the agency.board shall be held not less than 10 days, nor more than
60 days after January 1, 1993, at a time and place to be designated by the
clerk of the board.
62302. The agency board shall elect from among its members a board
chairperson and vice chairpersons, and may elect any other officers it deems
necessary from among its members.
62303. The individual selected as chairperson shall serve for a term of
four years, beginning at 12 noon on January 1, 1993.
The individual selected as chairperson shall devote substantial time to the
duties of chairperson and to providing necessary and appropriate liaison with
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local, state, and federal agencies. His or her compensation shall be set by
the agency board, and shall not exceed __ dollars ($.__) annually.
In the event that the chairperson, during his or her term of office, also
receives compensation as a city councilperson or county supervisor, the amount
of compensation shall be included in determining the compensation authorized
by this section. The chairperson shall be eligible to receive reimbursement
for actual and necessary expenses as provided in Section 62308 but shall not
receive the per diem compensation provided for board members by that section.
62304. A majority of the members of the agency board shall constitute a
quorum for the transaction of business. However, a majority vote of the
entire board is necessary to approve any matter before the agency board.
62305. The agency board may appoint an executive con~uittee consisting of
the chairperson of the board and not less than four, nor more than six, other
members of the agency board. The agency board may authorize the executive
committee to exercise any powers possessed by the agency board, and shall, by
resolution, specify those powers delegated to the executive committee. The
executive committee shall exercise any po~ers delegated to it in Substantially
the same manner as may be provided by law for their exercise by the agency
board. Any action taken by the executive committee may be amended or repealed
by the agency board.
62306. The agency board may establish any committees of the board it deems
advisable and shall specify the purposes and duties of each committee.
62307. The agency board shall, by resolution, establish the location of
its meetings and fix the date and time of its regular meetings. The agency
board shall hold these meetings throughout the region to promote maximum
access and participation by residents of the region. The agency board shall
meet at least once each month.
62308. Subject to conditions which the agency board may determine, each
member of the agency board shall receive compensation of dollars ($ )
for each day or portion thereof devoted to attendance .at board or committee
meetings, or other official business of the agency~ provided that the
compensation shall not exceed __ dollars ($ ) during any calendar month.
In addition to the compensation provided by this section, board members
shall receive the actual and necessary expenses incurred in the performance of
official agency business. The board shall adopt rules specifying what
constitutes official agency business for which actual and necessary expenses
will be paid.
62309. The agency shall be deemed a local agency under the Ralph M. Brown
Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5), and shall be subject to the provisions of that act.
CHAPTER 8. GENERAL POWERS AND DUTIES OF THE AGENCY
Article 1. General Powers and Duties
62400. Acts of the agency shall be expressed by the adoption of
ordinances, resolutions, or motions.
62401. The agency has and may exercise any express powers granted to it
and any powers necessary to, implied in or inbidental to those express powers.
62402. .The agency may sue and be sued, except as otherwise provided by
law, in all actions and proceedings and in all courts and tribunals of
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competent jurisdiction.
62403. The agency shall have power to contract or otherwise participate
in, and to accept grants, funds, or services from the federal government, its
agencies or instrumentalities in connection with any federal program relevant
to its functions; and the agency shall similarly have the power to contract or
otherwise participate in, and to accept grants, funds, or services from the
state, or any agency or instrumentality thereof, or any city, county, civic
organization or private person in connection with any program relevant to its
function.
62404. The agency shall have power to establish and maintain those offices
as are judged best to facilitate the accomplishment of the purposes of the
agency, and to take by grant, purchase, devise, or gift, or to lease or rent,
and to hold, use, and enjoy any property necessary or convenient to the
establishment, maintenance,, or operation of those offices, and to purchase,
exchange, or dispose of property as is necessary or convenient for this
purpose.
62405. The agency shall have power to contract with any person, firm,
association, or corporation, or to contract for any other types of services
necessary or convenient for carrying out the purposes of the agency.
62406. The agency may make, publish, and disseminate, by publication,
posting, mailing or any other form of 'communication, any data and information
which is relevant'to regional affairs or to the operations, functions, and
responsibilities of local and regional agencies and may sponsor conferences,
workshops, programs, and lectures pertaining thereto.
62407. The agency may make any of its property or facilities available for
the use of other public agencies, and may authorize its officers and personnel
to furnish advice, assistance, or services to other public agencies.
62408. The agency shall enact an ordinance specifying the number,
compensation, and general duties of personnel employed by the agency.
62409. The agency board shall provide for regular audits of the fiscal
affairs of the agency. Audits shall occur at least annually and shall show
the exact financial condition of the agency as of ~he end of the period
covered thereby.
62410. The agency, by agreement with any other public agency, may provide
for the joint exercise of any powers common to the contracting parties,
pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division
7 of Title 1.
62411. The agency board may appoint individual standing committees to
assist in the preparation and review of each respective element of 'the
regional plan required by Section 62500. The specific duties and purposes of
each committee shall be defined by the agency board. Insofar as it is
practicable, the membership of the committees shall include:
(a) Appointed or elected officials of federal, state, and local agencies
which have the responsibility for providing governmental services related to
the respective plan elements.
(b) Members of the general public having interests, experience, or
expertise related to the respective plan elements.
(c) Members of the agency board.
Article 2. Organizational Consolidation and Successionto Authority of
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Predecessor Agencies
62412. Notwithstanding any other provision of law~ in each region defined
in Chapter 4 (commencing with Section 62200), the agency .board beginning
January 1, 1993, shall be the:
(a) Council of Governments established pursuant to Section 6502 or
reorganized pursuant to Chapter 5 (commencing with Section 62210) and shall
succeed to the powers and responsibilities of the predecessor agencies with
respect to regional housing needs pursuant to Section 65584 and any other
powers and responsibilities.
(b) Regional transportation planning agencies for the purpose of Article 11
(commencing with Section 29530) of Chapter 2 of Division 3 of Title 3, Chapter
2.5 (commencing with Section 65080) of Division i of Title 7, Chapter 2.6
(commencing with Section 65088) of Division i of Title 7, and in the case of
San Francisco Bay Region, for the purpose of Section 99302 of the Public
Utilities Code shall succeed to the powers and responsibilities of the
predecessor agencies.
(c) Air pollution control or air quality management district for the region
only for the purposes of planning for the purpose of Chapter 10 (commencing
with Section 40910) of Part 3 of Division 26 of the Health and Safety Code.
Until a consolidation plan has been submitted to the Legislature, nonplanning
powers and responsibilities shall remain with existing air pollution control
or air quality management districts reorganized pursuant to Chapter 5
(commencing with Section 62210).
(d) Regional water quality control board for the region only for the
purposes of planning for the purposes of Article 3 (commencing with Section
13240) of Chapter 4 of Division 7 of the Water Code. Until a consolidation
plan has been submitted to the Legislature, nonplanning powers and
responsibilities shall remain with existing regional water quality control
boards reorganized pursuant to Chapter 4 (commencing with Section 62200).
62413. By July 1, 1994, the agency board shall submit to the Legislature a
plan for the consolidation, by January 1, 1995, of the agencies and the
functions these agencies have retained pursuant to subdivisions (c) and (d) of
Section 62412. In preparing the consolidation plan, the agency board shall
address the need to delegate functions, including, but not limited to,
regulatory functions, granting of permits, and enforcement decisions and
activities to:
(a) Subcommittees of the agency board.
(b) Standing committees of the agency board.
(c) Staff of the agency board.
The consolidation plan shall also address the need and plan for involvement
of advisory groups for each function.
62414. If the agency board fails to submit the consolidation plan required
by this article, the commission shall prepare and submit the required
consolidation plan within 120 days.
CHAPTER 9.. THE REGIONAL PLaN
62500. The agency shall prepare, adopt, and maintain a regional plan,
which shall be consistent with the State Conservation and Development Plan and
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the goals and objectives provided in Sections 62001 and 62002. The regional
plan shall be prepared, adopted, maintained, reviewed, and revised as provided
in this chapter.
62501. The regional plan shall contain at least the following consistent
elements prepared in accordance with Section 62502 to 62505, inclusive=
(a) An air quality element for the integrated development, management, and
control of the air resources of the region. This element shall comply with
the plans, ~olicies, and requirements established by the State Air Resources
Board pursuant to the Health and Safety Code, for the protection of ambient
air quality within the state.
The emission requirements, and rules and regulations established by the
predecessor air pollution control district pursuant to Part 3 (commencing with
Section 40000) of Division 26 of the Health and Safety Code, shall be the
initial emission requirements, and rules and regulations for the air quality
element of the regional plan required by this section. Air quality plans
prepared within a region pursuant to Chapter 10 (commencing with 'Section
40910) of Part 3 of Division 26 of the Health and Safety Code shall be the
initital air quality element of the regional plan required by this chapter.
(b) A water quality element for the integrated development, managment, and
control of the water resources of the region. This element shall comply with
thespians, policies, and requirements established by the State Water Resources
Control Board pursuant to provisions of the Water Code, for the protection of
the quality of water of the state.
The "water quality management plans" prepared pursuant to Article 3
(commencing with Section 13240) of DivisiOn 7 of the Water Code, for all the
areas within the region shall be the initial water quality element of the
regional plan required by this section.
This element shall also include plans for the siting of regional
infrastructure related to water quality.
(c) A transportation element for the development and management of an
integrated regional system of transportation of persons and goods within the
region, including, but not limited to, (1) the regional highway system, (2)
bridges, tunnels, tubes or other crossings fo~ highways or rapid transit, (3)
transit and mass transit systems, (4) commuter and intercity rail systems, (5)
~irports and seaports, and (6) any related facilities.
The "regional transportation plan" prepared pursuant to Section 6.5080,
shall be the initial transportation element of the regional plan required by
this section.
The transportation element prepared pursuant to this subdivision shall be
the r'egional transportation plan required by Chapter 2.5'(commencing with
Section 65080) of Title 7, and shall comply with the provisions thereof.
This element shall include plans for the siting of regional transportation
infrastructure.
(d) A housing element identifying housing needs within the region and an
allocation of these needs to subregions established within the region pursuant
to this title, notwithstanding the requirements of Section 65584 requiring the
allocation of housing needs to every local jurisdiction within the region.
This element shall provide for housing allocations to subregions on the
basis first of housing needs generated by existing and projected employment in
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the subregion. The purposes of this Criterion in making housing.allocation to
subregions are to~
(1) Promote an .improvement of the balance between jobs and housing within
each subregion.
(2) Prevent the regional allocation of housing to a subregion beyond its
fair share responsibility within the region.
(e) A regional sphere of influence element for the region which identifies
urban growth boundaries. The positive purpose of this element is to ensure=
(1) Development of vacant and underutilized land within existing urban and
suburban areas and where regional infrastructure capacity is readily
available.
(2) Efficient use of public infrastructure investment, thereby allowing
projected growth to be more readily and economically accommodated.
(3) Protection of agricultural land and other natural resources.
Establishment and change of the urban growth boundaries shall be based upon
consideration of the following factors= demonstrated need to accomodate
long-range urban population growth requirements consistent with the goals of
the State Conservation and Development Plan~ need for housing and employment
opportunities~ orderly and economic provision of public facilities and
services~ maximum efficiency of land uses within and on the fringe of
existing urban development~ social, economic, environmental, and energy
consequences~ and retention of agricultural and other environmentally
sensitive lands. The results of these considerations shall be included in
this element of the regional plan.
Boundary changes shall be based on consideration of orderly economic
provisiOn of public facilities and services~ availability of sufficient land
for various uses to ensure choices in the land market~ goals in the State
Conservation and Development Plan~ and encouragement of development within
existing urban areas before conversion of nonurban land.
As part of this element, the regional board may establish a voluntary
program for the transfer of development rights from parcels outside the urban
growth boundary to those within the boundaries in order to foster compact
development and secure the benefits in this subdivision. The program may
include agreements for the transfer of all or a portion of the tax revenues
accruing to the development rights to the extent permitted by law.
The sphere of influence plans prepared within the region pursuant to
Section 56425 shall be the initial sphere of influence element of the regional
plan required by this section.
(f) A regional capital facilities element, which shall assess the existing
regional infrastructure, identify regional capital facilities needs and
identify opportunities for economics to be realized in the provision of
capital facilities in the areas of shared use, sitings, financing, and
operation. This element shall comply with the requirements in Section 65089.
(g) A regional open-space element, which shall identify areas which should
be left in an open condition to protect important biological,.ecological,
archeological, scenic, scientific, and other resources as specified in Section
65560.
62502. The initial regional plan, containing all the elements specified in
Section 62501, and the matters described in Sections 62503, 62504, and 62505,
shall be adopted no later than two years from the date of the organizational
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meeting of the first agency board. Each individual element specified in
Section 62501 may be adopted at any time during the two-year period. No
changes to existing plans may be made by the agency until all elements of the
regional plan are adopted.
.62503. The regional plan shall include statements, based on studies as
comprehensive as feasible, concerning the following factors relevant to the
region:
(a) Population and population distribution by age, educational level,
income, employment, race, and other relevant characteristics.
(b} Amounts, types, levels, and general locations of commercial and
industrial activities.
(c) Amounts, types, quality, and general locations of housing units.
(d) General location and extent of major transportation, utility, and
regional facilities and the plans, if any, of other public agencies to provide
those facilities.
(e) Amounts, general locations, and intensities of land uses by categories
such as agricultural, commercial, industrial, residential, recreational, and
open space, and the patterns of relationships between the different
categories.
(f) Areas, sites, or structures of aesthetic, historic, educational, or
recreational quality or usefulness.
(g) Natural resources, including air, water, forests, soils, rivers and
other waters, waterfronts, shorelines, fisheries, wildlife, and minerals.
The statements Shall identify the present conditions and the major problems
relating to development, physical deterioration, and the location of
activities that use land, and the environmental, social, and economic effects
thereof. The statements shall show the projected nature and rate of change in
present conditions for the reasonably foreseeable future in the absence of new
governmental action and the probable environmental, social, and economic
consequences which will result from these changes.
62504. The regional plan shall include a list of specific policies and
programs necessary to achieve the goals and objectives of the plan, and to
obviate or resolve the major problems identified pursuant to Section 62503.
These'programs shall include all of the following:
(a) An immediate 'and Long-range program of recommended public actions,
including state legislation, enactment of ordinances, preparationOf detailed
specific plans for areas within the region, and expenditure of public funds,
to be undertaken by appropriate public agencies in order to achieve the
objectives, policies, and standards of the plan and the individual elements
thereof.
(b) Estimates of the amounts, types, characteristics, and general locations
of land to be acquired by public agencies, and the regional facilities to be
provided by public agencies in order to carry out the immediate and long-range
programs of public actions, and an estimate of the number of persons and
activities to be displaced thereby, the consequences of displacement and the
prov'isions, if any, to be undertaken to relocate them.
(c) A statement of types of development controls and general provisions
thereof which are recommended for enactment in order to achieve the objectives
and implement the policies of the regional plan and the individual elements
thereof. The statement shall include estimates of the costs of administering
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and implementing these controls, including the number and types of personnel
required therefor.
(d) Estimates of the costs of acquisitions, development, and enforcement of
development controls necessary to implement the immediate and long-range
programs of public actions, and a statement of sources of the public funds of
all types which are, will be, or could be made, available for those purposes.
(e) An evaluation of the environmental effects pursuant to Division 31
(com~encing with Section 21000) of the Public'Resources Code, including the
social and economic consequenceSof the immediate and long-range programs of
public actions, the impact on population distribution.by characteristics and
income, employment, and economic conditions within the regi°n, and an
evaluation, to the extent feasible, of the consequences of alternative
programs of public action.
(f) A statement of the assumptions regarding private development, and
future development for public use by public agencies upon which the immediate
and long-range programs are based.
62505. It is the intention of the Legislature that, where possible, the
regional plan emphasize specific goals and performance standards to enhance
the ability of local agencies and subregions created pursuant to Chapter 10
(commencing with Section 62550) to formulate plans and take actions.consistent
with the regional plan, and to minimize misunderstandings in the consistency
review process established in Article 4 (commencing with Section 62559). of
Chapter 10.
62506. The agency may amend all or any part of the regional plan, or any
element thereof, and may adopt all or any part of a new regional plan or
element thereof. The agency director and the agency board shall continuously
review the regional plan and the various elements thereof and shall prepare
those changes deemed advisable.
No element of the regional plan shall be amended more than once during any
calendar year after the adoption of the regional plan pursuant to Section
62502. Each amendment may include more than one change to the regional plan.
The regional plan shall be updated every five years after the adoption of the
first regional plan.
62507. The agency board may, by resolution, direct the agency director to
prepare, or cause to be prepared, and submit for board approval, all or any
part of the regional plan or any amendment thereof. The resolution shall
describe.in brief and general terms the nature, location, and extent of the
proposed plan-or amendment to be prepared by the agency director. The agency
director, on his or her own initiative, may prepare and submit to the agency
board proposed amendments to the regional plan.
62508. Prior to adopting the plan, any element thereof, or any amendment
thereto, the board shall, by resolution, provide for a hearing by the board on
the question of whether the proposed plan, element thereof, or amendment
thereto, should be approved and adopted by the board.
62509. Any resolution adopted pursuant to Section 62508 providing for a
hearing shall do all of the following=
(a) Concisely summarize the substance of the proposed plan, element-thereof
or amendment, and refer to the same on file with the agency director, for a
full and complete description thereof.
(b) Indicate where the proposed plan, element thereof or amendment may be
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examined and where copies thereof may be obtained.
(c) Fix a time, not less than 30 days or more than 75 days after adoption
of the resolution, and the place of hearing by the agency board on the
question of whether the proposed plan, element thereOf or amendment, should be
approved and adopted by the board.
The board shall cause notice of a hearing held pursuant to Section 62508 to
be published pursuant to Section 6061 in a newspaper, or newspapers, of
general circulation published in the region. Publication shall occur at
%east three weeks prior to the date of the hearing. The board shall also
cause to be mailed notice of the hearing to each county and city within the
region, and to anyother public agency or private person who shall have filed
a written request for mailed notice with the board. The mailing shall occur
at least three weeks prior to the date of the hearing.
62510. At the conclusion of a hearing held pursuant to Section 62508, the
board may wholly or partially, with or'without modification, approve or
disapprove the proposed regional general plan, element thereof, or amendment
thereto. The board shall approve and adopt the plan, any element thereof, or
amendment thereto by ordinance.
62511; The board may, by resolution, authorize the agency director to
specify regional data, including projections of population growth and economic
activity, recommended to be employed by local agencies in the preparation of
local plans and ordinances or regulations relating to planning, or relating to
the regulation and control of development or of preexisting uses or
structures.
62512. Upon written request by the agency director,' the officers of each
local agency shall furnish.lists of or make available to the director full and
complete information concerning the nature and extent of all existing local
plans, and ordinances and regulations relating to planning or to the regulation
and control of development which may have a direct or substantial effect upon
any of the matters covered by the mandatory elements of the regional general
plan specified in Section 62501.
62513. The agency shall adopt an ordinance designating, or authorizing the
agency director to designate, those existing plans, ordinances, and
regdlations of each local agency, certified copies of which shall be filed
with the director pursuant to Section 62502. The agency director shall mail
written notice to each local agency designating the instruments, certified
copies of which shall be filed.with the director. The certified copies shall
be filed with the director no later than 30 days after the mailing of the
notice or on or before any later date the director may authorize.
62514.. Any local agency proposing to adopt or amend any local plan or any
ordinance or regulation pertaining to planning or pertaining to the regulation
and control of development in a manner which has a direct or substantial
effect on any of the matters covered by the mandatory elements of the regional
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general plan specified in Section 62501, shall mail written notice thereof to
the agency director at least 30 days prior to the date of adoption or
amendment thereof.
62515. To facilitate further the effective and harmonious planning of the
agency, the agency may request from the federal or state government, or
agencies and instrumentalities thereof, and from private organizations,
agencies, or individuals, copies of plans, maps, reports and other documents
which are related to regional planning.
62516. The agency shall submit to the legislative bodies and to the
planning agencies of all of the counties and cities in .the region, to the
commission, to the Legislature, to the Office of Planning and Research, and to
other governmental agencies and instrumentalities, official representatives,
other agencies, organizations and individuals, public or private,.in the
district which are designated by the board, an annual report on or before the
first day of March. The annual report shall contain a report on the status of
the regional general plan, and descriptions of those sections of the regional
general plan which have been amended, revised, added, or deleted 'during the
preceding year, and a brief report of other major activities.
CHAPTER 10. EFFECTUATION OF THE REGIONAL PLAN
Article 1. Rulemaking To Implement the Plan
62550. This chapter shall apply only to the elements of the regional plan
designated in Chapter 9 (commencing with Section 62500). The agency,' by one
or more ordinances, shall prescribe rules and regulations, which shall be
complied with by affected private persons, and in any plans, ordinances, and
regulations of a local agency relating to planning or to the regulation and
control of development. These ordinances shall be enacted during the time the
regional plan and the individual elements thereof are under preparation as
well as after the plan and the elements thereof have been adopted.
The board shall, by resolution, provide for a hearing by the board on the
adoption or amendment of any ordinance authorized by this seqtion. The
resolution shall summarize the substance of the Proposed ordinance or
amendment, shall indicate where copies thereof may be obtained, and shall fix
a date and time, not less than 21 days nor more than 60 days, from the
adoption of the resolution, when the hearing.shall be held. Notice of the
hearing shall be given as provided in Section 62509.
62551. In accordance with the policy stated in Chapter 1 (commencing with
section 62000), the rules and regulations adopted pursuant to this title shall
be limited to those specific matters which have a direct and substantial
effect upon the accomplishment of the objectives and policies of the regional
plan or individual e~ements thereof, and shall be no broader nor more
stringent than is reasonably necessary for the accomplishment of the regional
objectives and policies.
62552. Within 180 days of the first meeting of the regional board, the
board shall inform any subregional authority or local agency within its
jurisdication of evaluation criteria and planning factors to be considered in
the preparation and. consistency review of local plans, or-where applicable,
integrated subregional plans. These criteria shall include explicit
statements that, in areas where subregions have been created and subregional
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authorities have been empowered as defined in this chapter, responsibilities
set forth in the regional plan apply to the subregion as a whole and not to
individual local agencies within the subregion.
Article 2. Creation Of Subregions
62553. The Legislature declares that it is necessary to develop a
subregional planning process which will enhance the ability of local
officials, regional agencies, and the state to plan and manage the physical,
social, and economic development and redevelopment of their communties.
Among the purposes of this process are the following=
(a) To promote integration of the physical, environmental,.social, and
economic planning activities of local governments.
(b) To encourage cooperation between and among cities and counties, within a
subregion and to encourage and facilitate coordination of planning and
development activities of cities and counties with the planning activities of
regional agencies, special districts, and state government.
(c) To provide a means for local governments to jointly establish measures
to preserve and enhance the quality of life for residents within a subregion
pursuant to Chapter i (commencing with Section 62000).
(d) To assure consistency between local needs, subregional plans, and
regional and statewide goals, objectives, plans, and policies.
(e) To obtain the active involvement of the citizenry in the community
development planning process.
62554. A subregional planning authority may be created under this chapter.
A subregion shall be the same as the geographic area of a county included
within a region as defined by Chapter 4 (commencing with Section 62200).
However, nothing shall preclude two or more single-county areas from forming a
multicounty subregion within a region as defined by Chapter 4 (commencing with
Section 62200).
62555. A subregional authority may only be formed through a vote of a
three-fifths majority of the board of supervisors and a two-thirds majority of
the governing boards of two cities representing a two-thirds majority of the
population within the incorporated area of each county included in the
subregion. The composition of a subregional authority may include members of
the legislative body of any local agency within the subregion or any members
of the general public, or both, who reside within the subregion.
Article 3. Subregional Plans
62556. The subregional authority shall prepare an integrated subregional·
plan which contains all of the following=
(a) Goals, policies, and programs for the physical and economic development
and the conservation of resources of the communities within the subregion.
(b) Documentation of the data and analysis upon which these goals, policies
and programs are based.
(c) Assessment of the fiscal capacity of each local jurisdiction and
proposals to modify or augment existing local revenue sources to implement the
plan. Special attention shall be given to the need for reallocation of
property tax revenue and sales tax sharing pursuant to Section 29 of Article
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XIII of the California Constitution.
(d) An analysis of the impacts of the land use, circulation and other
elements of the general plans on subregional infrastructure and services,
including an estimate of the costs associated with mitigating those impacts.
(e) An implementation schedule which links the plan to the allocation of
public resources, including capital expenditures, the annual budget, and
federal, state, and local funding.
(f) Recommendations.for action by local, regional, or state agencies and
any legislative changes needed to effectuate the plan.
(g) An a~sessment of the plan's consistency with the regional plan
guidelines and evaluation criteria published pursuant to Section 62552.
62557. Based on the policies contained in Chapter i (commencing with
Section 62000), the integrated subregional plan shall include, but is not
limited to, the following elements=
(a) A congestion management plan, as specified in Chapter 2.6 (commencing
with Section 65088) of Division i of Title 7.
(b) A housing implementation program to assure an appropriate 'subregional
balance between jobs and a full range of affordable housing'based on the
demand for housing associated with the development of new employment centers,
regional housing allocations, the impact of the job-housing balance on travel
patterns, commute distances, air quality, and the need to preserve or conserve
other environmental resources.
Whereas local conditions may justify a reduction in a local government's
share of subregional housing need, local conditions shall not be a
justification for a.reduction in a subregion's share of the regional housing
need.
(c) A sphere of influence element for the subregion which identifies urban
service boundaries based on the determinations'required in Section 56425 with
respect to the subregion.
(d) A comprehensive open-space plan for the protection of important
biological, archeological, scenic, scientific, and other resources as
specified in Section 65560.
(e) A subregional capital facilities element to=
(1) Plan for the provision of'subregional infrastructure, including
capital, maintenance, and land costs.
(2) Meet and maintain the congestion management and capacity standards set
forth in the integrated subregional plan.
62558. The planning process developed to prepare the integrated
subregional plan is intended to foster negotiation within the subregion. This
process shall include all. of the following=
(a) Integration, to the extent possible, of other required planning
processes with the general plan process including, in the case of counties,
social services planning.
(b) Integration of plans with regional and local agency plans, and with
statewide goals, policies, and plans.
(c) Assessment of the potential physical, environmental, social, and
economic impacts of alternative plan proposals.
(d) Specific mechanisms for involvement of citizens in the planning
process.
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Article 4. Subregion Plan Review Process
62559. The draft integrated subregional plan shall be completed within 18
months following the adoption of the general plan.~ Upon completion, the draft
integrated subregional plan shall be transmitted to the regional development
and infrastructure agency and each city and county within the subregion for
review and comment. The subregional authority shall consider any comments and
shall hold a public hearing prior to acting upon the draft plan. Following
the public hearing, the subregional authority shall prepare and approve a
final plan.
62560. Upon approval by the subregional authority, the integrated
subregional plan shall be submitted to each city and county within the
subregion for their consideration. Adoption of the subregional plan requires
a vote of a three-fifths majority of the boards of supervisors and a
two-thirds majority of the city council's of cities representing a two-thirds
majority of the population within the incorporated area of each county
included in the subregion.
62561. Upon adoption of the integrated subregional plan. as required in
Section 62560, the authority shall submit the plan to the regional development
and infrastructure agency. The regional agency shall review the subregional
plan for its consistency with the adopted regional plan.
62562. Based on guidelines and evaluation criteria published by the
regional agency pursuant to Section 62552, within 90 days, the regional agency
shall, make an initial finding that the subregional plan is either=
(a) Consistent with the regional plan, or
(b) Inconsistent with the regional plan.
A majority vote of the agency board shall be required to make a finding
that a subregional plan is inconsistent with the regional plan~
62563. If the regional agency does not make a finding pursuant to Section
62562 within 90 days, it shall be deemed to have found the the subregional
plan consistent with the regional plan.
62564. Appeals may be made to challenge the consistency finding .of the
regional agency no more than 30 days after a subregional plan is deemed
consistent with the regional plan pursuant to subdivision (a) of Section 62562
or Section 62563.
62565. No more than 30 days after the appeal deadline established in
Section 62564, the regional agency shall make a finding as to the consistency
of the subregional plan with the regional plan.' Based on its appeal review,
the regional agency shall make a finding that the subregional plan is either:
(a) Consistent with the regional plan and the subregional plan shall be
implemented by local agencies within the subregion, subject to other
provisions of this chapter.
(b) Inconsistent with the regional plan.
62566. If an inconsistency finding is made pursuant to subdivision (b) of
Section 62562 or Section 62565, the regional agency shall inform the
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subregional authority within 30 days of its findings, identify specific
inconsistencies and recommend specific policies and measures to reconcile the
inconsistencies.
62567. Within 90 days of the receipt of information and recommendations
transmitted to the subregional authority pursuant to Section 62566, the
subregional authority may amend the subregional plan to make it consistent
with the regional plan and resubmit the subregional plan to the regional
agency after doing all of the following=
(a) .Holding a public hearing to provide an opportunity for public comment
on the amended subregional plan.
(b) Adopting the revised subregional plan pursuant to Section 6~560.
62568. Appeals may be made to challenge the inconsistency finding of the
regional agency no more than 30 days after a subregional plan has been found
inconsistent pursuant to subdivision (b) of Section 62562 or Section 62565 and
the regional agency has complied with the requirements of Section 62566.
62569. No more than 30 days after the appeal deadline established in
Section 62568 or the amendment and resubmission process established in Section
62567, the regional agency shall make a finding that the subregional plan is
either=
(a) Consistent with the regional plan, or
(b) Inconsistent with the regional plan.
62570. If a finding is made after the process established in Sectiofi
62567, within 30 days, appeals may be made to challenge the finding. Within
30 days after the appeals deadline established in this section, .the regional
agency shall make a finding that the subregional plan is either of the
following=
(a) Consistent with the regional plan.
(b) Inconsistent with the regional plan. ·
62571. If a consistency finding is made pursuant to subdivision (a) of
Section 62570, the subregional plan shall be implemented by local agencies.
within the subregion, subject to other provisions in this chapter.
62572. If an inconsistency finding is made pursuant to subdivision (b) of
Section 62570, within 90 days, the regional agency shall reconcile
inconsistencies between the regional and subregional plans and transmit the
reconciled subregional plan to the subregion for implementation by local
agencies within the subregion subject to other provisions of this chapter.
62573. If a consistency finding is made pursuant to Section 62569, after
the appeal process established in Section 62568, the subregional plan shall be
implemented by local agencies within the subregion, subject to other
provisions of this chapter.
62574. If an inconsistency finding is made pursuant to Section 62569,
after the appeal process established in Section 62568, within 90 days, the
regional agency shall reconcile inconsistencies between the regional and
subregional plans and transmit the. reconciled subregional plan to the
subregion for implementation by local agencies within the subregion, subject
to other provisions of this chapter.
62575. At the conclusion of any hearing at which the regional agency board
makes a finding of inconsistency' the regional agency board may adopt an order
directing the local agency to cease and desist from enforcing, maintaining, or
acting pursuant to any inconsistent provisions of any plan or from adopting
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any proposed plan, or any amendment thereof, containing inconsistent
provisions. In the case of a private person, the order shall direct the
private person to cease and desist from the specific action found to be
inconsistent. Any violation of a cease and desist order may be enjoined by
the superiorcourt in any county on application of the regional agency.
injunctive proceedings shall be governed by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no
undertaking shall be required in any action commenced by the agency.
A majority vote of the regional agency board shall be required to adopt a
cease and desist order.
Article 5. Regional Stewardship of the Subregion
62577. If no subregion is formed in an area pursuant to Article 2
(commencing with Section 62553), the regional agency shall perform the
responsibilities of that subregion. The regional board may delegate this
function to a subcommittee of the board.
62578. If no subregional authority is authorized pursuant to Article 2
(commencing with Section 62553), the regional agency shall perform the
responsibilities of the subregion. The regional board may delegate this
function to a subcommittee of the board.
62579. If no subregional plan is adopted by local agencies within the
subregion pursuant to Article 4 (commencing with Section 62559), the regional
agency shall perform the responsibilities of the subregion. The regional
board may delegate this function .to a subcommittee of the board.
62580. If after the regional agency has assumed stewardship of the
subregion pursuant to Section 62577, 62578, or 62579, a subregion fulfills its
responsibilities pursuant to Article 2 (commencing with Section 62553),
Article 3 (commencing with Section 62556), and Article 4 (commencing with
Section 62559), the regional agency shall cease its stewardship of the
subregion.
Article 6. Additional Plan Implementation Powers
62581. The regional agency shall have the authority to site regional
infrastructures specified in the regional plan pursuant to Chapter 9
(commencing with Section 62500). Subregional plans shall be consistent with
regional infrastructure siting plans and decisions. Nothing in this section
shall confer any power in the agency board to site solid waste facilities.
62582. When proposing an amendment to a local general plan, a local agency
shall make a finding that the plan amendment is consistent with the
.subregional plan and the regional plan as part of its analysis as lead agency
under the California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources'Code). The regional agency board and
the subregional authority shall be responsible agencies pursuant to that act
for the purposes of this section.
62583. As used in this article, "financial assistance" means financial
assistance extended to any local agency by the state or federal governments or
any other public agency, including grants and contractual arrangements, such
as loans, loan guarantees, insurance, and any other form of financial
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assistance, but shall not include financial assistance extended by one local
agency to another local agency.
62584. If any application by a local agency for financial assistance
relates to or substantially affects any matter within the scope of any of the
elements of the regional plan, the application shall be submitted to the board
for approval not later than 30 days prior to the date on which it is submitted
to the agency from whom financial assistance is proposed to be requested. In
approving or disapproving any application, the board shall take into account
whether the project or purpose for which financial assistance is requested is
consistent with'the regional plan.
The agency may submit comments and recommendations concerning the
application to the applicant and to the agency from whom financial assistance
is requested.
The agency is designated as the agency authorized to approve or disapprove
any application for financial assistance from the state or federal governments
which are required to be reviewed by an areawide agency designated to perform
metropolitan or regional planning.
62585. The agency shall adopt an ordinance prescribing a procedure and
providing standards and criteria to be followed in reviewing applications for
financial assistance and the making of comments and recommendations thereon.
The ordinance may exempt from. review certain classes of applications described
by amount, project, purpose of assistance sought, or other relevant criteria.
The ordinance may authorize the agency director to review, comment, or make
.recommendations upon certain classes of application.
62587. The adoption by the agency of any plan or ordinance authorized by
this chapter or Chapter 9 (commencing with Section 62500) shall not preclude
the adoption by a local agency of any plan or any ordinances or regulations
affecting any of the elements of the regional plan specified in Chapter 9
(commencing with Section 62500). Each local 'plan, ordinance, or regulation,
however, shall be subject to this chapter.
Article 7. Interim Plan Development and Implementation
62590. In the period prior to adoption of the regional plan as required in
Chapter 9 (commencing with Section 62500), decisions by local agencies to
enact, amend, or implement local plans shall be guided by the policies in
Sections 62003 and 62004 and the State Conservation and Development .Plan.
62591. In'the period prior to adoption of the subregional plan as required
in Chapter 10 (commencing with Section 62550), but following adoption of the
regional plan as required in Chapter 9 (commencing with Section 62500),
decisions by local agencies to enact, amend, or implement local plans shall be
guided by the requirements of the adopted regional plan 'as well as the
policies in Sections 62003 and 62004 and the State Conservation and
Development Plan.
62592. Following adoption of the regional plan as required in Chapter 9
(commencing with Section 62500) and the subregional plan as required in
Chapter 10 (commencing with Section 62550), but prior to the adoption of local
general plans consistent with the subregional and regional plans, decisions by
local agencies to enact, amend, or implement local plans shall be guided by
requirements of the adopted regional plan, the adopted subregional plan, the
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policies in Sections 62003 and 62004, and the State Conservation and
Develo~nent Plan.
62593. Within 18 months following the final determination by the regional
board that the subregional plan is consistent with the regional plan, local
agencies shall adopt general plans that are consistent with the subregional
plan.
CHAPTER 11. AGENCY OFFICERS AND EMPLOYEES
62600. The agency board shall appoint and prescribe the compensation for
anagency director and a legal counsel. As an alternative to employing a
separate legal counsel, or as a supplement thereto, the agency board may
contract with the Attorney General for appropriate legal services.
62601. The agency director shall be the chief administrative and planning
officer. The director shall, subject to policies established by ordinance of
the board, do all'of the following:
(a) Direct and administer the preparation, general maintenance, regular
review, and revision of the regional general plan, and administer and execute
all of the other functions and duties of the agency as set forth in this
title.
(b) Appoint and remove personnel of the agency, with the exception of the
legal counsel.
(c) Serve, or designate personnel to serve, as executive secretary to the
board.
(d) Perform other duties and exercise other powers as the board may
delegate to him or her.
62602. In enacting the personnel ordinance required by Section 62408, the
agency shall consider the availability of personnel employed by the local
councils of government, air pollution control districts, regional water
quality control boards, regional transportation agencies, local agency
formation commissions, and other appropriate agencies who, by reason of their
employment, possess the administrative and technical skills necessary to staff
a regional development and infrastructure agency.
62603. The agency director shall appoint those deputies as may be
necessary to manage the day-to-day operations of those agencies. The agency
director may authorize those persons to exercise any of the powers and duties
which he or she ks required to exercise pursuant to this section. The
appointment of those persons shall be subject to confirmation by the agency
board. However, after those persons have been confirmed by the agency board,
they shall serve at the pleasure of the agency director and shall be directly
responsible to him or her.
62604. The legal counsel shall be responsible to the agency board and
shall provide those legal services to the agency as the agency may require or
as are required by law.
CHAPTER 12. FINANCIAL PROVISIONS
Article 1. Funding for the Regional Development and Infrastructure
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Agencies
62650. On the date that the agency board becomes the governing board of
the various entities that agency replaces or assumes the responsibilities
pursuant to this title, all revenues which the state, counties, cities, and
special districts provided to those entities for responsibilities assumed by
the agency shall be provided to the agency for its support. For those local
agencies that were not members of a council of governments, the agency board
shall calculate an amount these'local agencies would have paid in the 1990-91
fiscal year if they had been members. The state, counties, cities, and
special districts shall contribute.no less than the amount they provided or
should have provided pursuant to this section in 1990-91 fiscal year and shall
annually contribute an'amount indexed to the increase in each year's county or
city budget over the 1990-91 budget~ Notwithstanding any other provision of
law, the agency board shall be eligible to receive federal funds for at least
the same purposes as the predecessor agencies to whom authority the agency
board has succeeded.
62651. The fiscal year of the agency shall begin on July I of each year
and end upon June 30 of the following year.
62652. At that time that the agency board may prescribe, but not later
than the first regular meeting of the board in May of each year, the agency
director shall prepare and submit to the board a budget estimate of the
expense of conducting, the agency for the ensuing fiscal year.
62653. The budget estimate shall be in a form as the agency board may
prescribe. The budget estimate shall contain a summary of the fiscal policy
of the agency for the budget year and shall include data showing the relation
between the total proposed expenditures and the total anticipated income or
other means of financing the budget for the ensuing fiscal year, contrasted
-with the corresponding data for the current fiscal year. The budget estimate
shall also contain a statement of the resoUrces of the general reserve fund to
be carried over to the ensuin~ fiscal year. The budget estimate may include
an unappropriated balance item to be available for appropriation in the
ensuing fiscal year to meet unforseen contingencies, other than contingencies
resulting from temporary insufficiencies in the revenues of the. agency.
62654. After submission of the budget estimate, the agency board shall fix
a time and place for hearing by the board thereon. The agency director shall
cause notice of the hearing to be published pursuant to Section 6061 in a
newspaper, or newspapers, of general circulation published in the region.
The director shall also cause to be mailed notice of the hearing to each
county and city within the region and to any other public agency or private
person who shall have filed a written request for such notice with the board.
Notice required pursuant to this section shall be given at least 15 days
prior to the date set for the hearing.
62655. At the budget hearing, the agency board may increase or decrease
any item in the budget estimate and may delete any item therefrom or add any
new item thereto.
62656. Upon the conclusion of the hearingand not later than June 30, the
agency board shall approve by ordinance the budget.estimate, as submitted by
the agency director or as revised by the board, and thereupon the same shall
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constitute the final budget for the ensuing fiscal year.
62657. The several items of the final budget shall be deemed appropriated
for the ensuing fiscal year in the amounts and for the purposes specified in
the final budget ordinance, unless altered or modified pursuant to Section
62655.
62658. For the purpose of providing against temporary insufficiencies in
the revenues of the agency and of keeping the payment of the operating
expenses of the agency on a cash basis, the agency shall cause to be created
and maintained in the regional treasury a permanent revolving fund known and
designated as the "General Reserve Fund." The fund shall be maintained in
such amount as the agency may specify but shall be sufficient to meet all
estimated demands against the treasury for a period of not less than three
months or more than sixmonths.
62659. If at any time the revenues of the agency shall be insufficient to
pay any demand against the agency treasury, as the same becomes due and
payable, the agency director may transfer moneys from the General Reserve Fund
to the fund or account in the treasury from which any such demand is payable.
Any amount so transferred shall be deemed a loan to the fund or account to
which transferred and, upon receipt of revenues, the director shall retransfer
such amount to the General Reserve Fund.
Article 2. Financing the Subregional Authority
62660. On the date that the subregional authority is created pursuant to
Article 2 (commencing with Section 62553) of Chapter 10 and succeeds 'to the
powers, duties, and responsibilities of the local agency formation commissions
within the subregion, all revenues provided to the predecessor agencies shall
be provided to the subregional authority for its support. Providers of this
financial support shall contribute no less than the amount they provided in
the 1990-91 fiscal year and shall annually contribute an amount indexed to the
increase in each budget over the 1990-91 budget.
62661. The subregional authority may adopt a fee schedule based upon the
population of local agencies within the subregion for the support of the
subregional authority. Approval of a fee schedule shall require the
concurrence of a majority of the board of supervisors of each county within
the subregion and majority of the city council's of cities having a majority
of the population in the incorporated area of that portion of each county
within the subregion~
Article 3. Financing Regional and Subregional'Plan Implementation
62680. The regional agency, board and subregional authorities established
pursuant to Article 2 (commencing with Section 62553) of Chapter 10 shall be a
local agency for'the purposes of the Integrated Financing District Act
(Chapter 1.5 '(commencing with Section 53175) of Part 1 of Division 2 of Title
5) and shall have the authority to create and use an integrated financing
district within urban limit lines established in the regional plan.
62681. The regional agency board and the'subregional authority shall have
the authority to create and use aninfrastructure financing district as
specified in Chapter 2.8 (commencing with Section 53395) of Part 1 of Division
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2 of Title 5.
CHAPTER 13. RECALL OF BOARD MEMBERS
62700. Any member of the agency board may be recalled pursuant to the
provisions of this chapter. Any board member may be recalled if a sufficient
petition for his or her recall is presented to the agency director at any time
after six months from the commencement of his or her term of office and prior
to six months before the .expiration of his or her term of office. A separate
petition is necessary to propose the recall of each board member.
62701. Before circulating any petition, the proponents shall file with
the agency director a circulation notice declaring their intention to
circulate the petition. The circulation notice shall set forth the request to
be made in the petition and contain a statement, not exceeding 500 words, of
the reasons for the proposed petition. The statement is intended solely for
the information of voters and no insufficiency.or inaccuracy therein shall
affect the validity of the petition nor any election held pursuant thereto.
62702. After the filing with the agency director of a circulation notice,
the proponents shall cause the notice to be published in a newspaper of
general circulation, circulating within the affected election district. The
proponents shall file an affidavit of publication of the notice with the
agency director not later than 10 days after the last publication. Fifteen
days after the last Publication, the petition for recall may be circulated.
62703. Within 10 days after the filing of a circulation notice, the agency
director shall give mailed notice of the filing to the county clerk of each
county. The notice shall indicate the request to be made in the petition and
the date of filing the circulation notice.
62704. Any board member proposed to'be recalled may file an answer, not
exceeding 500 words in length, with the agency director answering any
statement of reasons contained in the circulation notice. The board member,
at his or her own expense, may cause the answer to be published, in which
case he or she shall file affidavits of publication thereof with the agency
director.
62705. A petition may be circulated as a single instrument or in separate
counterparts. The petition' shall contain a copy of the circulation notice.
The petition shall state the name of the board member sought to be recalled.
62706. Each recall petition or counterpart shall have printed across the
top of the first page in at least 12-point boldface type= "Petition for
Recall of Board Member, Regional Development and Infrastructure
Agency."
62707. No petition or supplemental petition shall be acceptedfor filing
by any county clerk unless all signatures thereon were affirmed within 180
days after the date of filing with the agency director of the circulation
notice.
62708. The circulator of a petition shall be a registered voter and
resident of the region.
62709. Eac~ signer of a petition shall sign his or he~ signature and affix
the date thereof and his or her place of residence, giving the street and
number or a designation sufficient to enable his or her place of residence to
be readily ascertained. Prior to filing the petition, the name or number of
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Display 1991-1992 Bill Text - INFORMATION
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BILL TEXT
the election precinct in which each signer resides shall be added thereto.
62710. The circulator of each petition shall attach his or her affidavit'
thereto stating, according to information and belief, that~
(a) Each signature appearing on the petition is the genuine signature of
the person whose name it purports to be.
(b) Each signer, at the time of his or her signature, was a resident of the
region and a registered voter of the county.
(c) The circulator personally observed each signer as he or she signed his
or her signature and affixed the date thereof and his or her residence
address.
62711. The petition shall be filed with the county clerk of the county
within which it was circulated. All counterparts circulated in any county
shall be filed at the same time.
62712. Upon the filing of a petition, the county clerk shall examine the
petition and determine~ from the records of registration, the number of
residents of the region and registered voters within the county who have
signed the petition.
62713. Within 20 days after'the filing of a petition, the county clerk
shall complete his or her examination of the petition, shall execute his or
her certificate showing the result of his or her examination and shall
transmit the certificate to the agency director together with a certified copy
of the petition. The copy need not contain any of the signatures or names
appearing on the original petition.
62714. Within 30 days after the county clerk shall have transmitted a
certified copy of the original petition and his or her other certificate
.pertaining thereto, a supplemental petition identical to the original, but
containing additional signatures, may be filed with the county clerk. Within
10 days. thereafter', the county clerk shall examine the same, execute his or
her certificate showing the results of the examination and transmit the
certificate to the agency director, together with a certified copy of the
supplemental petition.
62715. The.county clerk shall retain a copy of each certificate executed
by him or her and all original petitions and supplemental petitions with their
respective signatures and names. The petitions shall be retained on file for
one year, after which they may be destroyed unless they are material to some
action or proceeding then pending.
62716. If a recall petition is signed by votersnumbering more than 5
percent of the entire vote cast within the designated election district for
all candidates for Governor at the last gubernatorial election, the agency
director shall present the petition to the agency board. Within 10 days
thereafter the agency board shall call a special election within the
designated election district to determine whether the incumbent board member
shall be recalled.
62717. The agency board shall call any special election required as a
result of the presentation to it of a sufficient petition. The election
shall be called.in accordance with the general provisions of the Elections
Code applicable to the calling of special elections for cities and counties.
62718. The ballots, in addition to matters otherwise required by law,
shall state= "Shall (name of person proposed to be recalled) be recalled from
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~ BILL TEXT
the office of member of the governing board of the RegiOnal
Development and Infrastructure Agency?" Opposite the statement, the words
"Yes" and "No" shall be printed on separate lines, with voting squares.
62719. -At least 10 days prior to the recall election, the county clerk
shall mail a sample ballot and a separate printed copy of the statement of
the proponents of the recall and the answer, if any, of the elected board
member sought to be recalled, as theretofore filed with the agency director.
62720. If less than a majority of voters voting on the question of recall
vote "Yes," the incumbent board member shall continue in office. If a
majority vote "Yes," the incumbent board member shall be deemed recalled from
office upon the qualification of his or her successor.
62721. If a vote recalls the incumbent board member from his or her
office, the office shall be vacant and the vacancy shall be filled in the
manner specified in Chapter 7 (commencing with Section 62300).
62722. Ail costs incurred by a county pursuant to this chapter in
connection with proceedings and elections for recall shall be reimbursed by
the agency.
SEC. 3. Section 65040 of the Government Code is amended to reads
65040. The Office of Planning and Research shall serve the Governor end
~ his or her Cabinet ~ and the State Growth Management Commission
as staff for long-range planning and research, and constitute the
comprehensive state .planning agency. In this capacity the office shall:
(a) Assisted by the P~ann~§ Advisory and Assistance e~u~e~
Engage in the formulation, evaluation 4 and updating of long-range goals
and policies for land use, population growth and distribution, urban
expansion, development, open space, resource preservation and utilization, air
and water quality, and other factors which shape statewide development
patterns and significantly influence the quality of the state's environment.
(b) Assist in the orderly preparation by appropriate state departments and
agencies of'intermediate- and short-range functional plans to guide programs
of transportation, water management, open space, recreation , and other
functions which relate to the protection and enhancement of ~he state's
environment.
(c) ~m ee~9~met&e~ w&th the eem~e&~ eva~mete Evaluate plans and
programs of departments and agencies of state government, identify conflicts
or omissions, and recommend to the Governor and the Legislature new .state
policies, programs and actions, or amendments'of existing programs, as
required, to resolve conflicts,' advance statewide environmental goals to
respond to.emerging environmental problems and opportunities, and to assure
that all state policies and programs conform to the adopted land use planning
goals and programs.
(d) Assist the Department of Finance in preparing, as part of the annual
state budget, an integrated program of priority actions to implement state
functional plans and to achieve statewide environmental and development
'goals and objectives and take other actions to assure that the program budget,
submitted annually to the Legislature,.contains information reporting the
achievement of state goals and objectives by departments and agencies of state
-government.
(e) Coordinate the development of policies and criteria to ensure the
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federal grants-in-aid administered or directly expended by state government
advance statewide environmental goals and objectives.
(f) Coordinate the development and operation of a statewide environmental
monitoring system to assess the implications of present growth and development
trends on the environment and to identify at an early time, potential threats
to public health, natural resources ~ and environmental quality.
(g) Coordinate, in conjunction with appropriate state, regional, and local
agencies, the development ofobjectives, criteria ~ and procedures for the
orderly evaluation and report of the impact of public and private actions on
the environmental quality of the state and as a guide to the preparation of
environmental impact reports required of state and local agencies in Sections
21102 and 21150 of the Public Resources Code.
(h) Coordinate research activities of state government directed to the
growth and development of the state and the preservation of environmental
quality, render advice to the Governor, to his or her Cabinet, to the
Legislature, and any agency or department of state government, and provide
information to, and cooperate with, the Legislature or any of its' committees
or officers.
(i). Coordinatethe technical assistance provided by state departments and
agencies in regional and local planning to assure that such these plans are
consistent with statewide environmental goals and objectives.
(j) Accept and allocate or expend grants and gifts from any source, public
or private, for the purpose of state planning and undertake other planning and
coordinating activities as will implement the policy and intent of the
Legislature as set forth herein.
(k) Develop long-range policies to assist the state and local agencies in
meeting the problems presented by the growth and development of urban areas
and defining the complementary roles of the state, cities, counties, school
districts, and special districts with respect to such this growth.
(1) Encourage the formation and proper functioning of, and provide
planning assistance to, city, county, district, and regional planning
agencies.
(m) Beve~epT ~n een~unet~en w~th mn advisory eemm~ttee
agencies p~ev~d~ng see~a~ seFv~eesT She ~eague e~ ea~e~n~a
the eeunty Supe~v~se~s Assee~a~&en e~ ea~e~n~a~ She
eemm~ee e~ Re§&ena~ eeune~ 9&~ee~eFs~ She ~n~ed Way e~
ea~&~e~n&a~ an~ the eaL&~e=n~a Welfare R&~hts e~an~zat~enT e~e~a
~e~ aese~b~n~ the see~a~ an~ eeenem&e eha~aeteF&st~es e~ the
pepu~a~&en e~ each eeun~y &n the state~ subd&v&aea ena census
t~aet bas~sT These eF&te~a sha~ be deve~eped by ~anua~y
%n~ Assist local government in land use planning~
SEC.. 4. Section 65040.6 of the Government Code is repealed.
65949T6T ~a~ ~he P~ann~n§ Adv~se~y and. Assistance eeune~
hereby e~eeted w~h~n the e~ee7 the membe~sh&p ef which she~ be
ese ~ep~esentat&ve e~ each d&st~&et~ p~ev&ded that at *east
the d~st~et representatives ere ~ep=esentat~ves e~
a~eaw~de p~ann~ng e=gan~za~ons and ~hat at *east ese e~ the
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p~ann~ng e~gan~za~eny and ese ~ep~esenSaS~ve e~ ~nd~an Sr~bes and
bands wh&eh have ~ese~vaS~ena eF ~anehe~&as w&Sh~n ea~eFn&aT ~he
e~SM and eeunSM ~ep~esenSaS&ves appe~nSed pu~suanS
subdivision sha~ be se*eaSed bM She d~eeSe~ ~em nem~nees
subm&SSed bM She League e~ ea~*e~n~a e~S~es and
Su~eFv&se~s Assee~aS~en e~ ea~&*e~n~aT Rep~esenSaS~ves e* a~eaw&de
p~ann~ng ergan~aS~ens appe~nSed pu~suan~ Se Sh~s subd~v~s~en eha~
be se~eeSed by She d&~eeSe~ ~em nem~nees subm~SSed by She seve~a~
a~eaw~de p~ann~ng e~gan~zaS~ens w~Sh~n She
~ep~eaenSaS~ves sha~& be apse&need b~ She d&~eeSe~v ~he
~ep~esenSaS~ve e* ~nd&an SF&bes and bands sha~ be a membe~ e~ one
such ~be e~ ban~ and sha~ be se&ee~ed by
- Ap~n~men~ ~o ~he adv~se~y eeune~* sha~ be
yea~8~ p~ev~ded ~ha~ ~he me~e~n e~ ~he ~&~s~ eeune~ sha*~
e~aeo~ ~hemee*vee b~ ~e~ se ~ha~ ~ne-ha~ sha~ serve an &n&~&aL
~e~ o~ one Mea~ and ene-ha~ sha~ serve an *n&~&a~ ~e~ o* ~we'
yea~oT Vacancies nha~ be *~*~ed &n ~he s~e manne~ p~ev~ded
~he e~&g~na~ ap~&n~men~v
~b~ ~he eeune&~ sha~ p~ev&de such adv~ee as may be necessary
~e ass~ee ~he e~&ee &n'd&seha~g&n~ ~he ~e~&~emen~e e~ See,&eno
65949 ~o 65949T4~ &ne~us&veTv ~n paF~eu~a~ ~he eeune~
~ Ase~o~ ~he e~*&ee &n ~he p~epaFa~&en e~ ~he e~a~e ~eng-Fange
goa~s and ~&e&eo~ &n ~he manne~ spee&~ed
Seethes 6594eT
~ nva~ua~e ~he p~ann&n~ ~une~eno o~ ~he va~eus s~a~e a~ene&es
&nye&red &n p~ann&n~ &n ~he manne~ Spee&~&e~
~3~ Make appropriate dee&s&ens and p~ev&de such advice and
aoo&s~anee aa ma~ be ~e~&~ed b~ ~ede~a~ s~a~e
eennee~en w~h any ~ede~a~ p=eg~ a~n~s~e~ed by ~he o~eeT
~e~ ~he eoune~ sha~* mee~ em ea~ o~ ~he
o~*&ee~ whe sha~ convene a~*eas~ ~we eoune&~ meetings ~u~&n~ each
~ea~T
~ eeune~, me~e~s sha~ serve w~heu~ eempensa~&en~ bu~ ~he~
ma~ be ~e~u~oed ~e~ ae~ua~ e~penses &neu~e~
~he&F ~u~&eov
SEC. S. The headin~ o~ ~icle S (co~encin~ wi~h Section ~S04~) o~
Chapter i.S o~ aivision ~ o~ Title V o~ ~he ~ove~en~ Code
~ea~:
~icle S. S~a~ewide anv*~e~en~a~ eoa~s
Conserva~ion and ~evelo~en~ ~lan
SEC. ~. Section ~S0~I o~ ~he ~ove~en~ Code is ~en~e~ ~o ~ea~:
~S04~. ~he eeve~ne~ S~a~e ~ro~h ~ana~emen~ Co~ission, wi~h ~he
assis~ance o~ ~e 0~ice o~ ~lannin~ an~ Research, shall p~epa~e and
~e~ea~er shall cause ~o ~e main~aine~, ~e~ula~l~ ~eviewe~ an~ ~evioe~ a
comprehensive S~a~e ~nv&~e~en~a~ eea~8 an~ Pe*&e~ Re~ ~onserva~ion
and Developmen~ ~lan . ~n ~he preparation o~ ~he Fe~ plan ,
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BILL TEXT
priority shall be given to the development'of statewide land use policy.T
~ne~ud~n§ the ~eeemmendet~ens ~esu~t~ng ~em the ~aad use p~enn~ng
and i~np~ementat~en p~eg~am set ~e~th An section 6S949T6T and
~ne~ud~ng the ~eeemmendat&ens e~ the .P,ann&rig Advisory and Assistance
eeune~ established puFsuant to subd~v~s~en ~a~ e~ Seet~en 65949T6 .
The ~epe~t plan shall contain, but not be limited to, the following:
(a) An overview, looking 20 to 30 years ahead, of state grow~:h and
development and a statement of approved state env£ronmental and development
goals and objectives, including~those directed to land use, population growth
and distribution, development, the conservation of natural resources, and air
and water quality, ~
(b) Descr£ption of new and revised state policies, programs and other
actions of the executive and legislative branches required to implement
statewide env£ronmental and development goals, including intermediate-range
plans and actions directed to natural resources, human resources ~ and
transportation.
SEC. ?. Section 65042 of the Government Code is amended to read:
65042. Every officer, agency, department or instrumentality of state
government shall cooperate in the preparation and maintenance of the State
anv&~e,tmenta~ eea~s and Pe~&ey Repe~t plan and shall comply with any
request for advice, assistance, information ~ or other material.
SEC. 8. Section 6S043 of the Government Code is amended to read:
65043. The maximum public understanding and response to alternative
statewide environmental and development goals, policies ~ and actions
shall be sought in the preparation and maintenance of the State
Env~enmenta* eea*s and Pe*&ey Re~e~t plan . The 6ev~ne~ state
Growth ~ana~ement Commission shall consider the desirability of periodic
public hearings, the formation of citizen advisory groups ~ and other
appropriate actions to accomplish this purpose.
SEC. 9. Section 6S044 of the Government Code is amended to read:
6S044. Upon completion of the State anv&~e~menta~ eea~s and Pe~&e~
Repe~t plan , the 6eve~neF State ~rowth ~ana~ement Commission , prior
to approval, shall seek the advice o~ the Legislature and for this purpose
shall transmit the ~epe~t plan to the Speaker of the Assembly and to the
Senate Rules Committee.
SEC. ~0. Section 65045 .o~ the Government Code is amended to read:
65045. The Legislature may assign the.~epe~t plan for study to one or
more standing committees, or to a jo£nt committee and may hold hearings,
sol£cit testimony ~ and take other appropriate action to secure review of
the Fewest plan . Following such th£s review, the Leg£slature may act
by resolution to approve the environmental and development goals and
policies proposed in the Fe~t plan as an indication of leg£slative
intent; or state findings and conclusions and offer changes, deletions ~ or
modifications in the env£ronmental and development goals and polic£es of
the ~epe~t plan , or both.
SEC. 11. Section 65046 of the Government Code is amended to read:
65046. The eeve~ne~ State Growth ~anaqement Commission shall
consider any advice o~fered by the Legislature as provided in Section 65045
and, upon h~s its approval, shall transmit the Fepe~t plan to the
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BILL TEXT
Legislature, to state agencies, departments and boards, appropriate federal
agencies ~ and to the chief executive officer of every city and county in
the state.
SEC. 12. Section 65047 of the Government Code is amended to read=
65047. Upon approval by the eowarno~ State Growth Management
Commission , the S~ate Rnv&rommenta, 6oe*s and Po*&ey Reper~ plan
shall serve to=
(a) Record approved goals, policies £ and decisions of state government
related to 8tatewide growth and'development and the preservation of
environmental quality.
(b) Advise the Legislature of statutory action required to implement state
environmental and development goals and objectives.
(c) Inform other levels of government and the public at large of approved
state environmental and development goals and objectives and the proposed
direction of state programs and actions in achieving them.
(d) Provide a clear framework of goals and objectives as a guide to the
preparation and evaluation of state functional plans , regional Plans,
subregional plans, and local general plans . ~
(e) Serve as a basis for judgments about the design, location 4 and
priority of major public programs, capital projects , and Other actions,
including the allocation of state resources for environmental purposes through
the budget and appropriation process.
SEC. 13. Section 65048 of the Government Code is amended to read:
65048. The State ~nv&rommenta, eee*s end Pe*&sy Report plan shall
be revised, updated ~ and shall be transmitted by the eeverner State
Growth Management Commission to the Legislature every ~eur 10 years.
The eeverne= commission , may at any time, inform and seek advice of the
Legislature on proposed changes in state environmental and development
goals, objectives 4 and policies.
SEC. 14. Section 65049 of the Government Code is amended to read:
65049. Following approval of the State ~nv&rommente, eea*s and Pe*&ey
Re~ert plan as provided in Section 65046, the repert plan shall serve as
a guide for state expenditures for environmental and capital outlay
purposes. In transmitting the annual budget to the Legislature, information
shall be. included relating proposed environmental and capital outlay
expenditures to the achievement of statewide goals and objectives set forth in
the ~epe~t plan .
SEC. 15. Section 13200 of the Water Code is repealed.
southerly boundary o~ the watershed o~ ~stero de San Anton&o and
stemp*e ereek &n Mar&n and Sonoma eount&esT
~b~ San Prane&see. Ba~ re§*on~ wh&eh eempr&ses San Frans&see Ba~
Su&sun BaM~ ~rom Sacramento R&ver and San Joaepe&n R&ver wester*~
~rom a *&ne wh&eh passes between'ee**&nsv&**e and Montezuma ~s*and
and ~o~*ows thence the boundar~ common to Sacramento and So*aris
eount&es and that eemmen to Sacramento and eontra easts eeunt&es te
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Display 1991- Bill Text - INFORMATION
BILL NUMBER= AB 3
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~he westerly beunda~y e~ the watershed e~ Ma~k~ey eaayen &n
~em th~s ~neT end a~ bas~ns d~a~n~ng ~nte the Pae~e eeean
between the southerly beundaFy e~ the ne~th eaasta~ ~eg~en and the
southerly beundaFy ef the watershed e~ Peseade~e e~eek ~n San
and Santa eFus
~e~ eent~a~ eeast ~eg~enT which eomp~ses a~ bas~ns~ ~ns~ud~ng
ea~e P~a~n ~n San Lu~s eb~spe and Ke~n eeunt~es~ d~a~n~ng
the Pae~s eeeen ~em the eeuthe~y boundaFy e~ the watershed
Peseade~e e~eek ~n San Hates and Santa e~us eeunt~es te the
southeasterly beundaFy? ~esated ~n ~he westerly ~aFt e~ Venture
eeunty? e~ the watershed e~ R~neea e~eekv'
~d~ Les Angeles ~eg~on7 which eemp~see a~ bas,ns d~a~n~ng
the Pae~e eeean between the seutheaste~y boundary? ~eeated ~n the
westeF~y pe~t e~ Venture eeunt~ ~ the watershed e~ R~neen e~eek
and a ~ne which cease,des w~th the southeasterly boundary e~
Angeles eeunty ~em the eeean te gan Antenna Peak end ~e~ews
thence the d~v~de between San 6abe~e~ R~vee and Lyt~e eeeek'
dea~nagee te the d~v~de between'Sheep e~eek and San 6abe~e~ R~vee
dec,sagesT
~e? Santa Asa Fe§~en~ which eempF~ses a~ bas,ns d~a~n~ng
the Peerage eeean between the southeasterly boundary o~ the
Angeles ~eg~en and a ~ne which ~e~ewe the d~a~na§e d~v~de between
Muddy and Mo~o eanyens ~em the eeean to the summit e~ San
Jeaqu&n H&~o? thence a~eng the d&v&de between *ands d~a~n~ng
NewpeFt Bay and ~nte eaguna eanyen ee N*§ue~ Read~ thence a~eng
N~gue~ Read end eeo A~&se Avenue te the d~v&de between Hewpact Bay
and A~se e~eek d~a~nages? thence a~eng that d&v~de and the
seutheaste~y beunda~y e~ the Santa Asa R~ve~ d~a&na§e te the
d&v&de between Ba&dw&n Lake and ~e~ave eeseFt dFa~nages? thence
a~en~ that d&v*de te the d&v~de between Pee~&e eeean and ~e~ave
Bese~t d~a&na§esT
~ San B~ege ~eg&en~ wh&eh sempe&see a*~ bas&ns d~a~n~ng
the Pae~e eeean between the eeuthe~n beunda~y e~ the.Santa Asa
~eg~en and the ea~&*e~n~a-Hex&ee
~g~ eent~a* Va~*ey ~eg~en? wh&eh eempF&ses aL~ bas&ns &ne~ud&ng
Sense Sake Basin dFa~n&ng ~nte the Sae~amente and San
R&ve~s to the easteF*y beunda~y e~ the Sen P~ane&see Bay Peg&es
nea~ ee~*&nsv&~eT ~he eent~a~ Vat,eM ~eg&en sha~ have
e~ees ~n the Sacraments Vat,eM and the San ~eaqu~n Va~eyT
~h~ eahenten ~eg&enT which sempe&see a~ bas,ns east e~ the
Santa Ana~ ess Ange&ee and eent~a~ Va~ey ~e§~ens ~em the
ea~e~n&e-e~egen beunda~y te the seuthe~y beunda~y *seated &n Les
Angeles and San Bernard&ne eeunt~es e* the watersheds d~a~n&n~
AnteCede Va~ey~ ~e~ave R~ve~ Bas~n and B~ Sake Basin nea~
~vanpahT
~ ee~e~ade R&ve~ Sas&n'Feg&en~ wh&eh eemp~ses a~* bas,ns east
e~ the Santa Asa and San B&ege ~e§&ens d~a~n&ng &ate the Serenade
R~veF~ Sa~ten Sea and ~eea~ s~nks *~em the seutheF~y beundaFy
the Lanhentan ~e§&en to the ea~&~e~n&a-Mex~ee beundaFyT
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The ~e~ene de~&ned and desex&bed &n ~h~s see~&en sha~ be as
p~ee~se~y de~&neated en e~f~e~a& mapo ef the department and ~ne~ude
a~ of the aFeas w~th&n the boundaries of the statev
Pe~ pu~pesee ef th&s seet~en the boundaries ef the state extend
three naut~ea~ m~es ~nte the Pae~f~e eeean f~em the ~ne ef meen
*ewe~ ~ew wate~ ma~k~n~ the seawaFd *~m~ts ef ~n~and waters and
'three naut~ea* m~*es f~em the *&ne of mean ~ewe~ ~ew wateF en the
ma~n~and and each effshe~e ~s~andv
Heth&n~ &n th&s seethes she*~ ~m&t the peweF eenfe~Fed by
ehapte~ to ~egu~ate the d~spesa& of waste &nfo ocean waters beyend
the boundaries of the statev
SEC. 16. Section 13200 is added to the Water Code, to read:
13200. For purposes of this division, the state is divided £nto the
following reg£ons:
(a) North Coast Region, which comprises all basins including Lower Klamath
Lake and Lost River Basins draining into the'Pacific Ocean from the
Californ£a-Oregon state line southerly to the southerly boundary 'of the
watershed o~ Esters de San Antonio and Stemple Creek in ~arin and Sonoma
Counties.
(b) San Francisco Bay Region, which comprises all area included wi~h£n the
boundaries of the San Francisco Bay Area Region as def£ned in Section 62201
the ~overnmen~ Code.
(c) ~orth Central Coas~ Region, which comprises all area included within
the boundaries of the North Central Coast Region as defined in Section 62205
of the Government Code.
(d) Sou~h Central Coas~ Region, which comprises all area £ncluded
the boundaries o~ the South Central Coast Region as defined in Section 62204
of the Government Code.
(e) Los Angeles Region, which comprises all area included within the
boundaries of the Los Angeles Region as defined in Section 62203 of the
Government Code.
(f) San Diego Region, which comprises all area included within the
boundaries of the 'San Diego Region as defined in Section 62202 of the
Government Code.
(g) North Central Valley Region, which comprises all basins draining into
the Sacramento and San ~oaquin Rivers to the easterly boundary of the San
~rancisco Bay Region near Collinsville that is not included in any region
defined in Chapter 4 (commencingwith Section 62200) of Title 6.5 o~ the
Government Code.
.(h) Sacramento Valley Region, which comprises all area included within the
boundaries o~ the Sacramento Valley. Region as defined in Section 62206 of the
Government Code.
(i) Central Valley Region, which comprises all area included within the
boundaries of the Central Valley Region as defined in Section 62207 of the
Government Code.
(j) Lahanton Region, which comprises all basins east of the No,ch Central
Valley, Sacramento Valley, and Central Valley regions and north of ~he Los
Angeles Region.
The regions defined and described in this section shall be as precisely
delineated on official maps of the department and include all of the areas
~ PAGE 40
Display 1991- Bill Text - INFORMATION
BILL NUMBER: AB 3
BILL TEXT
within the boundaries of the state.
For purposes of this section the boundaries of the state extend three
nautical miles into the Pacific Ocean from the line of mean lower low water
marking the seaward limits of inland waters and three nautical males from the
line of mean lower low water on the mainland and each offshore island.
Nothing in this section shall limit the power conferred by this chapter to
regulate the disposal of waste into ocean waters beyond the boundaries of the
state.
SEC. 17. No reimbursement shall be made from the State Mandates Claims Fund
pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government'Code for costs mandated by the state pursuant to .this act. It
is recognized, however, that a local' agency or school district may pursue any
remedies to obtain reimbursement available to it under Part 7 (commencing with
Section 17500) and any other provisions of law. Notwithstanding Section 17580
of the Government Code, unless otherwise specified in this act, the provisions
of this act shall become operative.on the same date that the act takes effect
Pursuant to the California Constitution.
Resolutions Referred to Revenue and Taxation Committee
45. RE£OLUTION RELATING TO STATE BUDGET ACTIONS ADVERSELY
AFFECTING CITIES
Source: Iola Williams on behalf of the League Board of Directors, East
Bay Division, and Sacramento Valley Division
Referred to: Committee on Revenue and Taxation
WHEREAS, after the longest budget stalemate in California's history, the Governor
and California Legislature finally enacted a 1990-91 Budget Package that shifts state and
county costs to cities, and diverts city revenues to finance state/county responsibilities; and
31
WHEREAS, counties are an administrative arm of the state with responsibilities for
carrying out state programs being their primary function, while cities are in a different
business of providing local municipal services and have no responsibility or authority for
-administering state or Countywide programs; and
WHEREAS, the Governor and California Legislature have been unwilling to raise
revenues or cut programs sufficiently to balance the state budget, but instead shifted state
and county financial responsibilities to cities; and
WHEREAS, all 457 cities in California balanced their budgets, after making difficult
decisions to cut municipal services and/or raise local revenues, only to find that their
budgets were subsequently thrown out of balance by cost shifts and revenue losses designed
~o balance budgets of the state and counties; and
WHEREAS, the most egregious actions in the State Budget Package were enacted
by passage of SB 2557 (Chapter 466, Statutes of 1990), which (1) directed counties to
charge cities, school districts and special districts for the county function of administering
the property, tax; (2) authorized counties to charge cities for booking prisoners arrested by
city. employees; and (3) allowed counties to retain property tax revenues that should
otherwise go to the 90' "No and Low Tax Cities"; and
WHEREAS, SB 2557 ignores cities' access to due process at both the state and local
level, leaving cities without any representation and recourse in the budget action taken bv
the state; and
WHEREAS, these shifts of city revenues to counties were specifically enacted to
replace cuts in _state revenue for counties that should have funded' state responsibilities
carried out by counties; and
WHEREAS, 'the Governor and California Legislature have avoided their financial
responsibiiities by enacting measures that are poor public policY, rob from one local
3overnment to finance another, and result in no real solution to the continuing financial
Frobiems facing all levels of government in California; now, therefore be it
RESOLVED by the League of California Cities assembled in Annual Conference
!n .amaheim, October 23, 1990 that the League seek to repeal or replace SB-2557,
:5.ermanently protect cities from the state budget process, and support alternatives that will
· :rov,c.e a~.equate funding for state and countywide programs without adversely affecting
cities. To accomplish this, the League will sponsor a comprehensive program that will
;nciucie, among other things:
,. A local grassroots lobbying effort throughout the state, with each city communicating
with their members of the State Assembly and Senate, as well as the candidates for
Governor, regarding the need. to remove cities from the state budget process and
now SB 2557 has adversely affected their city.
32
2. Seeking to form a~oalition with counties, schools and ~[~[eciai districts to repeai
SB _~57 and replace it with meaningful fiscal reform that will allow each level of
government to adequately finance their' service responsibilities, with each being
accountable to taxpayers for their own program~.
3. Pursuit of state reimbursement for the cost of shifting county financial
responsibilities to cities, as well as other legal remedies as appropriate.
,,\ comprehensive communications program to infi)rm the media, legislators, and the
general public of city concerns and objectives relative to the State Budget's cost and
revenue shifts affecting cities.
5. An intensive lobbying effort in Sacramento to seek repeal/replacement of SB 2557.
33
,...., NEVVS EfIJILLETIN
..... 0
Ilggi
---,~.. ~-: ~-.~..? ~ i--~'
The nudget ..'" ?
League Of
VOL. 5 DECEMBER 12, 1990
Your Reaction Needed Here's
Solution To 2557 At Hand How It
Works
unified fight aga~st Senate Bill pay the s~e ~ount next ye~ ~
2557, which gave counties the ~is ye~ there~t~, ~e amount
au~o~ to ch~ge cities, sch~Is wo~d d~eae in follow~g Yem It is no s~t to d~ °ffi~s ~at
~d o~e~ to mpl~e lost sm~ ~o~g m exis~g law. No one of ~e me~s us~ by ~e
revenues, ~e Le~slat~ ~d "if one would pay ~y more th~ Sram to b~ce im budget for
you don't ~e it, ~ve us an they m cu~ntly ~ng. ~mfl Y~ 1~91 w~ ~e
fltemafive ~at won't ~e away ~opfion of SB 2557 which gave
from'existing state ~venues ~d It ~ ~se $345 ~ion the f~t counties ~e au~m~ to ch~ge
pm~s ~d is a l~fl evenue." ye~ flone, fll of which would go o~ 1~ gov~ment entities
to counties. ' for ~e Co~on of ~~ ~
~e Lea~e imm~iately went to ~enu~ ~d f~ for ~e ~hng
work to develop just such a pl~. ~is meem ~e ~tefia set by ~e of ~mn~ ~m mun~ j~s.
~d one h~ s~ ~at my ~sla~. It's a 1~ ~lufion
fllow for ~e ~fl of SB 2557 us~g a l~fl gov~ment revenue M~y m~ of ~e ~slat~
~ we~ ~ ~laee ~e ne~ly $3ffi mine (~e Constitution ~m- have a~ ~ ~s new au~or-
~on ~ counties ~ coll~t- ~s ~ ~e ~ g~s to l~fl ' '~ i~ is ~ pubic ~ey ~m a
ing from o~ l~fl gov~- gov~ent). In ~fion, it d~s num~ of ~~ves ~d have
menm. ~e pl~ ~eezes ~e not ~e money ~m existing in~ ~ int~st in ~pefling
motor vehicle in lieu ~hedule forsram pro~ or ~venues. ~ ~is co~ au~ofi~, ff a ~venue
one ~fion~.ye~. m~e e~ ~ iden~ to back-
Co~n om N~ Paa~
Solution To SB 2557 Within Reach - continued
F~ ~c~venue loss which co~- ~c of ci~ ~d ~ vehicle ~e sm~ ex~nd~ ~e ~te p~d in
6es would ex~ence ~ ~s au- ~nse f~ ~enu~ ~e es6- ~e ~t y~ of ~e vehicle
· ofi~ w~ ~~ ~t~ ~venues to ~unfics ~m ~ccnse. f~ ~h~e to ~c s~ond
~e pmp~ ~ ~s~fion y~ ~u~g ~ ~a~ in
~e ~e h~ develo~d such a w~ app~xi~tely $1~ ~l~on revenues for eoun~ p~s.
pm~ w~ch ad,sins ~e (~m a~ l~fl gov~ment ~is pm~ is en~ely
concerns of ~ese le~slafive entities) ~d $130 to 1~ ~lion con,stent wi~ ~at p~ous
mem~; ~& it ~11 ~ in~ ~m ~e "~g f~s." As you action.
due~ showy in ~e ~sla~e. e~ ~e, ~e pm~ to inc~a~
~ is ~ ou~e of ~e ~~ ve~ele ~cense f~s would b~k- 3. T~s is a "St~le, Growing aM
~ ~e ~ns why it is ~ ~ ~flly ~ idenfiefl ~ount Collec~ble" So,ce of R~en~.
ap~pfiag rem~y for ~s to ~at lost by ~e counties when ~e~ des~le ~j~fives
problem. SB ~57 is re~fl~, apply m ~e new vehicle license
fees in ~e p~, but do not
~ ~ ~~ ~r~e. U for the Pmpos~ apply m ~e pm~ ~ admini-
1. Re~ ~ ~ons of SB ~e vehicle license f~ inhere s~fion ~d ~g f~'~ve-
~57 except ~o~ pm~sions in this p~ is not a ~do~ nues. ,~ is a m~ous question
w~eh ~ve ~fies ~e au~ ~bi~ choice. ~ ~e ~ to whe~ some entities
to e~ bus~e~ ~cen~ ~es cdm~fling ~menm for im pay ~e fees.
~d u~ u~ ~es ~ ~e ~elusion in ~s pm~. ~
u~~m~ ~ is fl~ a numar of v~ sound ~ ~ co~fies w~eh have
~liey ~menm ag~st ~e ~c~ ~at ~ey ~y eider
2. ~de new ~venues ~ au~ofi~ ~ven to counties in SB delay or fo~o ~mplemly
b~ ~e coun~ loss of ~ve~ 2557. ~me~m for ~e implemen~on of ~e~ fees.
hue ~m ~s ~fl by ~- ~a~e's pm~sfl include: ~e au~ofi~ ~t~ ~ SB 2557
~g ~e e~s~g ve~ele lieen~ is not a v~ ~able ~e of
f~ ~enues ~d deleate ~ose 1. Ve~cle Lice~e Fees ~e a ~ ~venue for ~e des~m fm~-
new ~venu~ to eo~ p~ ~cM R~en~ So,ce. ~- . tiff simeon of ~e co~fies.
~. ~e ~e would ~ . n~y vehicle licen~ fees were ~e ~e ~~ off~
~co~lish~ by ~e~g ~e le~ by ei~ ~d coun~ gov~- ~li~, ~ ~d coflecm-
c~nt dep~afion mhedule for menm ~ a p~nfl pm~ ~ bili~ for ~e counties.
one ~onfl ye~. As a ~sul~ on auto, biles. It w~ ~en
ve~cle o~ would pay ~e ov~ by me sram ~d ~smbu~ 4. No O~r C~e~mr~ in
~e ~o~t next ye~ ~ ~is b~k to cities ~d co,ties ~ Sram B~get. B~use ~e
y~ ~e~er, ~e ~o~t o~ to achieve "~o~" in ve~ele liee~e f~s ~ pmmct~
wo~d de~ in fo~o~ng ~is~fion ~d eoll~fion on ~ a d~ ~d~ ~v~nue,
y~ ~o~g to exis~g law. a state,de b~is. ~ ~fion, ~ .~ w~ ~ no ~es ~ o~er
No one wo~d pay ~y mo~ ~ ~e ~d-1980s, a consfimfionfl l~fl gov~nt entities or
· ey ~ e~nfly pa~ng. ~en~ent w~ ~opt~ by ~e o~ ~st'~ups ~ ~e state
vot~ ~tee~g ~d pmt~t- budget ~ ~ no o~
~ pm~ would p~uce ing ~s ~venue ~ a ~ ~d entities com~fing for ~ese
ap~ximamly $320 ~on in coun~ ~venue only. ~e sram is fun~.
fi~fl y~ 19~91 ~d would ~mpt~ ~m"~g" ~s
~wsubs~fiflly~ 1~1-92. It ~venue~dus~git~fly~ 5. Co~i~ Do Not H~e to
d~s not ~ my way flgr ~e ~e sram budge~ ~ o~er w~, Arg~ ~ith Ot&r Age~ies
~nt ~venues w~eh dries ~is pm~sfl uses a l~fl ~Venue ~cMly. ~ ~~ wo~d
~ve ~m ~s so~e. ~e ~e for ~ l~fl problem ~uee ~e ~dous ~ony
~~ pm~des a new ~e ~d fighm w~eh ~ now
of ve~ele ~' f~ revenues 2. T&re is Prece&mfor Pro- ting in ~e B~ of Su~son
a~ve ~d ~yond'~e e~sfing posM. In ~e e~ly-tm~d 1980s, ch~ ~ss ~e State.
OI'ERATI i N B .U D G E F ~ ~.
E
D
0
M
Solution To SB 2557 Timing Critical To Gain Repeal; Cities Will Need
Within Reach - To Work With Supervisors And Legislators
Continued The process of introducing legislation that will repeal the key elements
6. Law Enforcement Coopera- of SB 2557 and implement the VLF solution involves finding an author
't ion Destroyed. One of the mostand then gathering support among all Legislators and the Governor.
detrimental effects of this pro- Similar legislation will be introduced in both the Senate and the Assem-
posal has been the steady and bly. Gaining the support of the Legislative leadership will be key,
unnecessary deterioration of especially since Senator Ken Maddy, the Senate Minority Leader, who
authored .qB 2557.
cooperation between county
sheriffs and city police depart-
. merits on a statewide basis over It's possible an author will be determined as early as the'third week of
the booking fee debate. December. At that point, it will be assigned a bill number~ It then muSt
go through the full policy and fiscal hearing process.
This counterproductive debate
does not properly serVe the The key will be to have every city official gain the support of the Board
citizens of the counties or cities of Supervisors and School Board and then obtain the 'support of each
who want these criminal justice Senator and Assembly Member. ·
services to work properly and
efficiently. I~ I~ ~. ~ ~
7. A State Mandate: Therefore
Here's The Real (And Legal)
The property administration and '
·
booking fee authority in SB 2557 Definition of "Booking"
is no real solution to the state
budget. It is entirely a "circular" Legal-eagle Angil Morris, City Attorney of Turlock, has located a
financial solution and is therefore
statutory (and extremely narroTM) definition of "booking." Section 7(21)
no solution at all. The state gave of the Penal Code defines the term "to book" as follows:
counties the authority in SB 2557
in order to back state money out · To "book" signifies the recordation of an arrest in official
of county programs and fund police records, and the taking by the police of fingerprihts
other state programs, and photographs of the person arrested, of any of these acts
The authority give~i counties following an arrest.
results'in a state-mandated cost to Angil also notes Penal Code section 851.5 suggests the booking
cities and other local govern- process should take no more than three hours (her county claimed
ments. The amount paid by cities it took over twelve hours) and ends before the arrested person is
is reimbursable under the state allowed to make his or her three completed telephone calls.
constitution. Section 853.6 of the code also contains references to how the
Cities can and will seek reim- booking process relates to the release of alleged misdemeanants.
bursement from the state for. theCounty "booking" fees therefore should be limited to.the costs
amount of the charges which associated wi.th recording the arrest in thc official police
means in the end the state records, fingerprinting the arrested person, taking his or her
saved/gained nothing from this photograph, and nothing more.
process. This hardly meets the
need for long-term, structural The League thanks Angil and the City of Turlock for their great assis-
reform to the sram budget. · tance. I
Actions For All City Officials Counties Given
Revenue Raising
1. Local COalition- Present the VLF legislative proposal to Authority .SuggeSt
your county coalition of cities, schools, special district -
representatives and your Board of Supervisors. (It you don't They UseIt
have a coalition set up, contact the League, and we'll help
establish a network): See the related newsletter articles which
fully explain the proposal and the reasons why it makes sense. As a result.of SB 2557, counties
now have the authority to raise
2. CommUnicate Your Support To Your Legislators. Immediately local revenues, similarly to cities.
communicate the local support for this proposal in writing (we In fact, since Proposition
should have a bill number for you soon) to your Legislators and 13, cities have had to make tough
Governor-elect Wilson. If .they hear from you with local support political decisions to raise
the way they heard from you about the impact of SB 2557, we taxes or cut services. Counties
should be successful in getting a repeal and VLF replacement, now have the ability to
implement a utility user fee and/
3. Tell Your News Media About The Solution - Explain the or.a business' license tax.
solution to your news media and seek editorial support for the Rather than take money from
concept. Adopt a resolution supporting the idea as a way to cities and schools, suggest.your
generate news coverage. And use the arguments included in the county raise revenues from the
related newsletter article with the media. ! unincorporated areas. This
authority was in jeopardy with
Proposition 136, however, the
How Cities Mayor Bradley To measure was defeated and there-
fore counties retain the ability to
Should Work Lead Delegation raiseiocalf~s. ThcLcagu¢'s
efforts to repeal SB 2557 will
With Their after thc concept ofth¢ VLF notinclude thc repeal ofthis new
solution was presented to the county authority. ~
California city officials attending
Counties As National League of Cities /~--------------------.n~
Conference last week, there was .I On behalf of the entire I
Fees Are Set a great deal of enthusiasm and ~ Lea~u~Boar~afDgr~tors,
· excitement about the prospects
for the VLF fee solution and ! ~on to.~'oft~ I
While.a legislative solution may repeal of 2557. ! ~ Ci~ Offie~ ~ ' I
be close at hand, it will still
be past the January date when ,[ part/c/pate, d/n t,/u~
· Los Angeles Mayor Tom Bradley
counties begin sending invoices, agreed to lead a delegation of [ Operation Buret Freedom
Some counties have decided not mayors and other city officials . ! ~a//u fteidat tl~ Leam~'$ I
to implement the legislation at who will present the concept to ~ -' ,-'
all, while cities within some ·
! . o
counties have told their Board of, the Legislative leadership in I AnnuaiConference (lTat I
hopes of their gaining support. [ effort was v/tal/n'reac/~ I
Supervisors that their cities won t The meetings will hopefully take I
be paying the booking fees, place early in the Legislative
t~ ~oa[ ~c
I
I
regardless
of
the
legislation
or
the
session
which begins in em'nest in I replacingSB 25571
invoices they receive from January.i
their counties. · ~ __ __ __ =. __ __ ._ == _ '-
This is the proposal which was discussed by the' Executive Committees from the League of
California Cities and the County SUpervisors Association of California. After it was
presented to the County Administrative Officers Association and then to the full Board of
.Directors of CSAC by their Executive Committee at the CSAC Annual Conference on
November 28 and 29, 1990, the CSAC Board took action to oppose it.
PROPOSED
JOINT STATEMENT/PROGRAM
THE COUNTY SUPERVISORS ASSOCIATION OF CALIFO.RNIA
LEAGUE OF CALIFORNIA CITIES
.This week the County Supervisors Association of California and the League ,of California
Cities agreed to a th{ee point program to establish a stable funding base for state and
local government services. The proposal is structured to correct the growing fiscal
disfunction between state and local government by accomplishing the following:
1. Short-term Action. A joint legislative package will be introduced to:
a. Provide approximately $335 million in replacement revenue for county
programs bv freezing the vehicle license fee depreciation schedule for one
additional year.
b. Retain the County. taxing authority (business license tax and utility user
ta:c) enacted in fiB 2557 last session.
c. Repeai all other provisions of SB 2557, 'including the authority for the
counties to charge booking fees and property tax a~'ninistration surcharges.
2. Cooperation on State-Coun _ty Fiscal Reform. Initiate a joint program to
establish stable state and county financing by removing legislatively-enacted
special interest exemptions to the sales tax revenue base which has eroded the
fiscal integrity, of this important revenue source for both state and local services.
3. Expanded County_ Revenue AUthority, Support the expansion of cOunty
revenue authority to include the same broader taxing authority now given to
charter cities.
PAGE 1
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: SB 124
BILL TEXT
INTRODUCED BY Senator McCorquodale
DECEMBER 19, 1990
An act to amend Sections 39'510 and 40002 of, to add Sections 39058.3,
39058.5, and 40104, to, and to add Chapter 11 (commencing with Section 41100)
to Part 3 of Division 26 of, the Health and Safety Code, relating to air
pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 124, as introduced, McCorquodale. Air pollution: San Joaquin Valley.
(1) Existing law provides for the creation of county air pollution control
districts in every county not included within specified other air pollution
control districts or air quality management districts. Every air pollution
control district and air quality management district is required to adopt and
enforce regulations to achieve and maintain the state ambient air quality
standards for the area under its jurisdiction, to enforce applicable state
law, and to endeavor to achieve and maintain federal .ambient air quality
standards.
This bill would create the San Joaquin Valley Air Quality Management
District to include the Counties of Fresno, Kern, Kings, Madera, Merced, San
Joaquin, Stanislaus, and Tuiare. The district would assume the functions of
the county air pollution control districts in those counties on July 1, 1992.
The 'bill would provide for a district board with members appointed as
specified. The bill would include a member of the board in the membership of
the State Air Resources Board on a rotating basis.
The bill would specify the duties and functions of the district with
respect to the adoption of' rules and regulations for the control of air
pollution and would require the adoption of air quality attainment and
maintenance plans.
The bill would permit the district board to adopt a schedule of fees levied
o~ sources of air pollution subject to district regulation to recover its
costs of implementing the bill.
By imposing duties on the district and requiring local agencies to make
appointments to the district board, the bill would impose a state-mandated
local program.
(2) The above provisions of the bill would not become operative if, prior
~'{ PAGE 2
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: SB 124
BILL TEXT
to July 1, 1992, the above-named counties have formed a regional or unified
air pollution control district, or the state board determines that those
counties have adopted a joint powers agreement to perform specified functions
relating to air pollution control.
(3) The California Constitution requires.the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement,
including the creation of a State Mandates Claims Fund to pay the costs of
mandates which do not exceed $1~000,000 statewide and other procedures for
claims whose statewide costs exceed $1,000,000.
This bill would'provide that for certain costs no reimbursement is ~equired
by this act for a specified reason.
However, the bill would provide that, if the Commission on State Mandates
determines that this bill contains other costs mandated by the state,
reimbursement for those costs shall be made pursuant to those statutory
procedures and, if the statewide cost does not exceed $1,000,000, shall be
made from the State Mandates Claims Fund.
Vote: majority. Appropriation: no. Fiscal committee:' yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS=
SECTION 1. (a) Sections 2 to 8, inclusive, of this act shall become
operative on July 1, 1992, unless, prior to that date, one of the following
occurs:
(1) The Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin,
Stanislaus, and Tulare form a regional air pollution control district pursuant
to Chapter 5 (commencing with Section 40300) of Part 3 of Division 26 of the
Health and Safety Code.
(2) Those counties form a unified air pollution control district .pursuant
to Chapter 3 (commencing with Section 40150) of that Part 3.
(3) (A) The State Air Resources Board, after a noticed public hearing and
opportunity for comments in accordance with the procedures established by
Section 41502 of the Health and Safety Code, determines that those counties
have adopted a joint powers'agreement which establishes a joint powers
authority for air pollution control purposes as described in Sections 40000
and 40001 of the Health and Safety Code, which has the authority, duty, and
resources to do all of the following:
(i) Develop and adopt rules and regulations which are binding on all
counties which are parties to the agreement.
(ii) Appoint a single individual responsible for the issuance of all
· permits by the agency.
(iii) Enforce all permits issued by the authority and all permits issued by
PAGE 3
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: SB 124
BILL TEXT
the individual county districts prior to the formation of the authority.
(iv) Review, revise, adopt, and implement any air pollution control plans
required within the San Joaquin Valley air basin by state and federal law. (v) Establish a citizens' advisory committee.
(B) The agreement shall provide for representation of cities and of
counties on the authority. Any city and any county representatives shall be
appointed by the governing body of the respective city or county.
(C) Actions of the state board pursuant to this paragraph are not subject
to Article 6 (commencing with section 4349) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code.
(b) If a regional air pollution control district, unified air pollution
control district, or joint powers authority is 'formed as provided in
subdivision (a), prior to July 1, 1992, but at a later date, ceases to exist,
Sections 2 to 8, inclusive, of this act shall become operative on that later
date.
(c) Notwithstanding any other provision of law, any regional air pollution
control district or unified air pollution control district formed by the
Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and
Tulare shall (1) be governed by a district board as described in Section 41102
of the Health and Safety Code, and (2) have the authority set forth in Article
3 (commencing with Section 41120) of Chapter 11 of Part 3 of Division 26 of
the Health and Safety Code.
SEC. 2. Section 39058.3 is added to the Health and Safety Code, to read:
39058.3. "Valley district" means the San Joaquin Valley Air Quality
Management District created pursuant to Chapter 11 (commencing with Section
41100) of Part 3.
SEC. 3. Section 39058.5 is added to the Health and Safety Code, to read:
39058.5. "Valley district board" means the governing body of the valley
district.
SEC. 4. Section 39510 of the Health and Safety Code is amended to read:
39510. (a) The State Air Resources Board is continued in existence in the
Resources Agency. The state board shall consist of nine members.
(b) The members shall be appointed by the Governor with the consent of the
Senate on the basis of their demOnstrated interest and proven ability in the
field of air pollution control and their understanding of the needs of the
general public in connection, with air pollution problems. Five members shall
have the following qualifications:
(1) One member shall have training and experience in automotive engineering
or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or law.
(3) One member shall be a physician and surgeon or an authority on health
effects of air pollution.
(4) One member shall be a public member.
(5) One member shall have the qualifications specified in paragraph (1),
(2), or (3) or shall have experience in the field of air pollution control.
(c) Four members shall be board members from the districts. The members
shall reflect the qualitative requirements of subdivision (b) to the extent
practicable.
(1) Of these four members, one shall be a board member from the south coast
PAGE 4
Display 1991-1992 Bill Text - INFORMATION
BILL NUMBER: SB 124
BILL TEXT
district, one shall be a board member from the bay district, and one shall be
a board member from the San Diego Air Pollution Control District.
(2) Of these four members, one shall be a board member of the valley
district commencing July 1, 1992. Commencing July 1_~, 1994, the
member shall be a board member of one of the of the other districts.
In subsequent years, the same two-year rotation pattern shall be
followed.
(d) Any vacancy shall be filled by the Governor within 30 days of the date
on which it occurs. If the Governor fails to make an appointment for. any
vacancy within the 30-day period, the Senate Rules Committee may make the
appointment to fill the vacancy in accordance with the p~ev~s~e~s e~ this
section.
(e) While serving on the state board, all members shall exercise their
independent judgment as officers of the state on behalf of the interests of
the entire state in furthering the purposes of this division. No member of
the state board shall be precluded from voting or otherwise acting upon any
matter solely because that member has voted or acted upon the matter in his or
her capacity as a member of a district board, except that no member of the
state board who is also a member of a district board shall participate in any
action regarding his or her district taken by the state board pursuant to
Sections 41503 to 41505, inclusive.
SEC. 5. Section 40002 of the Health and Safety Code is amended to read:
40002. There is continued in existence and shall be, in every county, a
county district, unless the entire county is included within the bay district,
the south coast district, the valley district, a regional 'district, or a
unified district.
However, if only a part of the county is included within the bay district,
the south coast district, the valley district~ a regional district, or a
unified district, there is in.that part of the county not included within any
such district a county district ~ for which different air quality rules
and regulations may b__e required .
SEC. 6. Section 40104 is added to the Health and Safety Code, to read:
40104. Notwithstanding any other provision of law, a county may delegate
air pollution rulemaking and enforcement duties to a duly created joint powers
authority established for air pollution control purposes of which the county
is a member.
SEC. 7. Chapter 11 (commencing with Section 41100) is added to Part 3 of
· Division 26 of the Health and Safety Code, to read:
CHAPTER 11. SAN JOAQUIN VALLEY AIR QUALITY MANAGEMENT DISTRICT
Article 1. General Provisions
41100. The Legislature finds and declares as follows:
(a) The San Joaquin Valley is a meteorological basin in which air pollution
is transported across county lines.
(b) The valley has serious air pollution problems. The meteorological
conditions of the valley are conducive to the formation of a variety of air
pollutants.
(c) In recent years, the valley has experienced a dramatic increase in
population, motor vehicle miles traveled, and the number of stationary
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sources, all of which lead to increased air pollution.
(d) Air pollution is increasingly endangering the health and welfare of the
region's citizens and is adversely impacting agriculture, the region's major
industry.
(e) Individual county districts have had limited success in reducing air
pollution in the valley. There is a need for a basinwide approach to the air
pollution problems of the San Joaquin Valley.
41101. (a) The San Joaquin Valley Air Quality Management District is
hereby created. The district consists of the Counties of Fresno, Kern, Kings,
Madera, Merced, San Joaquin, Stanislaus, and Tulare.
(b) The valley district shall commence operations on July 1, 1992, and on
that date shall assume all of the authority, responsibilities, functions, and
duties of the county air pollution control districts of those counties which
shall be merged into the valley district.
41102. (a) The San Joaquin Valley District Board is the governing body of
the valley district and shall exercise all the powers of the valley district.
(b) The valley district board consists of 13 members appointed as follows:
(1) Eight members, one of whom shall be appointed by each of the counties
in the valley district. The board of supervisors of each of those counties
shall by majority vote appoint one of its members to serve as a member of the
valley district board.
(2) Five members appointed from counties within the valley district with a
population greater than 200,000. Each member shall be selected by the
membership of the city selection committee of each county. Each member shall
be either the mayor or a member of the city council of a city within the
county and shall be selected by not less than a majority of all the cities in
the county having.not less than a majority of the population of the county.
(c) For purposes of this section, population shall be determined by the
1990 United States Census.
41103. Each member appointed by a county'board of supervisors shall hold
office for a term of four years and until the appointment of a successor, and
each member appointed by a city selection committee shall hold office for a
term of two years and until the appointment of a successor.
41104. (a) Any vacancy on the valley district board shall be filled by
appointment' in the same manner as the vacating member was appointed.
(b) Any member of the valley district board may be removed at any time in
the same manner as he or she was appointed.
(c) A vacancy on the valley district board is automatically created when a
valley district board member no longer serves on the governing body of the
appointing power or the governing body from which the member was selected.
41105. A majority of the members of the valley district board constitutes
a quorum for the transaction of business and may act for the valley district
board. Voting by the valley district board on the ~doption of all items on
its agenda shall be by rollcall.
41106. The valley district board shall elect a chairperson every two years
from its membership. No member shall serve more than two consecutive terms as
'chairperson.
41107. The 'valley district board may, by ordinance, adopt a civil service
system for any or all employees of She valley district, except that the air
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pollution control officer shall be exempt from that system and shall serve at
the pleasure of the. valley district board.
41108. The valley district board shall establish at least three area
offices within the district, and may establish more than three offices. There
shall be a northern office located in Modesto, a central office located in
-Fresno, and a southern office located in Bakersfield. The central office
shall be the district headquarters and shall handle all districtwide matters
such as planning, adoption of rules and regulations, funding, and budget
matters.
. Article 2. Powers
41110. The rules and regulations of the countydistricts shall remain in
effect and be enforced by the valley district until the individual rules and
regulations are rescinded by the valley district board. The valley district'
shall, as soon as practicable, review the rules and regulations of the county
districts and shall adopt rules and regulations for the.valley district.
41111. (a) The valley district board shall develop and adopt the plans
necessary to comply with applicable federal and state law, including Chapter
10 (commencing with Section 40910). The valley district board shall adopt
rules and regulations that carry out the plans.
(b) In developing and adopting the plans, rules, and regulations pursuant
to this section, the valley district board shall consider the relative
contribution of stationary indirect, areawide, and mobile sources, subject to
itsjurisdiction, to the basinwide emission inventory.
(c) Based on the determinations of the state board subject to Section
39610, the district shall consider subregional air quality impacts due to
transported air pollutants and the need for additional required controls,
consistent with the requirements adopted pursuant to subdivision (b) of
Section 39610, in developing and adopting the plans, rules, and regulations
pursuant to this section.
(d) Upon completion of the San Joaquin Valley Air Quality Study, the valley
district board shall consider the results in the development of the next
regularly.scheduled air quality plan update, taking into account the
performance, reliability, and consistency with approved modeling guidelines,
of the model or models used in the study.
41112. (a) No provision of this chapter limits the power of any 'city or
county included within the valley district to adopt any ordinance with respect
to air pollution .control which is stricter than the rules and regulations
adopted by the valley district board and not in conflict therewith. The
valley district board shall enforce any such ordinance.
(b) At the request of the governing body of any city or county included
within the. valley district, the valley district board may make available, on a
temporary basis, the necessary personnel, 'equipment, and services to assist in
adopting any ordinance stricter than the rules and regulations adopted by the
valley district.
41113. The valley district board shall have the general powers and duties
specified in Chapter 6 (commencing with Section 40700). The valley district
may adopt regulations to limit or mitigate the impact' on air quality of
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indirect or areawide sources consistent with Section 40716.
41114. Chapter 6.5 (commencing with Section 40725), Chapter 7 (commencing
with Section 40750), and Chapter 8 (commencing with Section 40800) apply to
the operations and activities of the valley district.
41115. (a) Whenever the district intends to propose the adoption,
amendment, or repeal of a rule or regulation that will significantly affect
air quality or emissions limitations, the district shall, to the extent data
are.available, perform an assessment of the socioeconomic impacts of the
adoption, amendment, or repeal Of the rule or regulation.
(b) For the purposes of this section, "socioeconomic impact" means only the
following:
(1) The type of industries affected by the rule or regulation.
(2) The impact of the rule or regulation on employment and the economy in
the basin attributable to the adoption of the rule or regulation.
(3) The range of probable costs, including costs to industry, of the rule
or regulation.
(4) The availability and cost effectiveness of alternatives to the rule or
regulation, as determined pursuant to Section 40922.
(5) The emission reduction potential o'f the rule or regulation.
(6) The necessity of adopting, amending, or repealing the rule or
regulation in order to attain state and federal ambient air quality standards
pursuant to Chapter 10 (commencing with Section 40910).
Article 3. Financial Provisions
41120. The valley district board may borrow money and incur indebtedness
in anticipation of the revenue for the current year in which the in4ebtedness
is incurred or for the ensuing year. The indebtedness shall not exceed the
total amount of the estimate of the income for either the current year or the
ensuing year.
41121. The valley district board may adopt a schedule of fees levied on
sources regulated by the district which shall, to the extent feasible and
practicable, recover from each category of sources, including areawide,
indirect, and permitted, the costs of the district's programs related to those
categories consistent with Section 42311. The valley district board may adOpt
a fee schedule for variances and permits to cover the cost of planning,
inspection, and monitoring related thereto. The valley district's fees may be
varied according to the quantity of emissions and the effect of those
emissions on the ambient air quality within the valley district.
.41122.. The board of supervisors of each county, included in whole or in
part, within the valley district may appropriate any funds that are necessary
to carry out the purposes of the valley district, as determined by the valley
district board.
Article 4. Advisory Council
.. 41125. As used in this article, "council" means the San Joaquin Valley Air
Quality Management Advisory Council.
41126. (a) The council consists of the chair of the valley district board,
'who shall serve as an ex o~ficio member, and 18 members appointed by the
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valley, district board who preferably are skilled-and experienced in the field
of air .pollution, including three representatives of public health agencies,
four representatives of private organizations active in conservation or
protection of the environment within the valley district, two representatives
of agriculture, one representative of colleges or universities in the state,
and one representative of each of the following groups within the valley
district: park and recreation commissions or equivalent agencies of any city,
public mass transportation systems, industry, community planning, registered
professional engineers, general'contractors, architects, and organized labor.
(b) To the extent that suitable persons cannot be found for each of the
specified categories, council members may be appointed from the general
public.
41127. Each council member shall hold office for a term of two years and
until the appointment and qualification' of his or her successor.
41128. Any member of the council may be removed at any time by the
majority vote of the valley distri~ct board.
41129. Any vacancy on the council shall be filled by appointment in the
same manner as the vacating member was appointed, except that the member
appointed to fill the vacancy shall only serve the unexpired term of the
vacating member.
41130. Council members shall serve without compensation, but may be
allowed actual expenses incurred in the discharge of their duties.
41131. The council shall select a chair and vice chair and any other
officers that it determines to be necessary.
41132.. The council shall meet as frequently as the valley district board
or the council determines to be necessary, but not less than four times a
year.
41133. The council shall advise and consult with the valley district board
in effectuating the purposes of this chapter.
Article 5. Hearing and Public Workshop Notice Provisions
41135. (a) Notice of the time and place of a public hearing of the valley
district board to adopt, amend, or repeal any rule or regulation relating to
an air quality objective shall be given not less than 30 days prior thereto
and, notwithstanding subdivision (b) of Section 40725, shall be published in
each county in the valley district in accordance with the requirements of
Section 6066 of the Government Code. The period of notice shall commence on
the first day of publication.
(b) In addition to the requirements of. subdivision (b) of Section 40725,
notice shall be mailed to every person who filed a written request for notice
of proposed regulatory action with the valley district, every person who
requested notice for, or registered at, the workshop, if any, held in
connection with the development of the proposed rule or regulation, and any
.person the valley district believes to'be interested in the proposed rule or
regulation. The inadvertent failure to mail notice to any particular person
as provided in this subdivision shall not invalidate any action taken by the
valley district board.
(c) In addition to the summary description of the effect of the proposal,
as required by subdivision (b) of Section 40725, the ~otice shall include the
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following=
· (1) A description of the air quality objectives that the proposed rule or
regulation is intended to achieve and the reason or reasons for the proposed
rule or regu~ation.
(2) An abstract of supporting information and documents, environmental
assessments, and other materials relevant to the proposed rule or regulation
that are available, and the name, address, and telephone number of the
district officer or employee from whom copies of the materials listed in the
abstract may be obtained.
(3) A statement that a staff report on the proposed rule or regulation has
been prepared, and the name, address, and telephone number of the district
officer or employee from whom a copy of the report may be'obtained. Whenever
the proposed rule or regulation will significantly affect air quality or
emissions limitations, the staff report shall include the full text of the
proposed rule or regulation, an analysis of the alternative control measures,
an environmental assessment, exhibits, and draft findings for consideration by
the valley district board pursuant to Section 40727. Further, if an
environmental impact report is prepared, the staff report shall also include
social, economic, and public health analyses.
(d) Regardless of whether a workshop was previously conducted on the
subject of the proposed rule of regulation, the valley district mayconduct
one or more supplemental workshops prior to the public hearing on the proposed
rule or regulation.
(e) If the valleydistrict board makes changes in the text of the proposed
rule or regulation that was the subject of notice given pursuant to this
section, further consideration of the rule or regulation shall be governed by
Section 40726.
41136. (a) Whenever the valley district intends to propose the adoption,
amendment, or repeal of a rule or regulation that will significantly affect
air quality or emissions limitations, the valley district shall conduct one .or
more public workshops.
(b) Notice of the time and place of the workshop shall be given not less
than 75 days prior to the meeting at which the valley district board will
consider the proposed rule or regulation by publicatfon in each county in the
valley district pursuant to Section 6066 of the Government Code and by mail to
every person who filed a written request for notice of proposed regulatory
action with the valley district and any person the valley district believes to
be interested in attending the workshop.
(c) The notice shall include at least the following=
(1) A description of the air quality objective to be discussed.
(2) A statement that the worksho9 is being held for the purposes of
soliciting information and suggestions from the public on achieving the air
quality objective.
(3) A request for submittal of any documents, studies, and reports that may
be relevant to the subject of the workshop and the name, address, and
telephone number of the district officer or employee to whom they should be
sent.
(4} A list of supporting information and documents, including a preliminary
staff report, and other materials relevant to the subject of the workshop that
are available, and the name, address, and telephone number of the district
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officer or employee from whom copies of the materials may be obtained.
(d) If the valley district thereafter proposes the adoption, amendment, or
repeal of a rule or regulation that was the subject of a workshop, the valley
district shall respond to all written comments submitted during the workshop
in preparing the environmental assessment on the proposed rule or regulation.
(e) The time and place for a workshop shall be selected on the basis of
affording an opportunity to participate to the greatest number of persons
expected to be interested in the workshop.
(f) The requirements of this'section are not intended to restrict the
valley district in conducting other public workshops and other meetings for
the exchange of information under circumstances not specifically addressed in
this section.
(g) A workshop or other meeting shall not constitute consideration of a
regulatory measure within the meaning of Section 40923.
41137. Sections 41135 and 41136 are not intended to change, and shall not
be construed as changing, any entitlement or protection conferred by the
California Public Records Act (Chapter 3.5 (commencing with Sect£on 6250) of
Division 7 of Title 1 of the Government Code).
41138. (a) The valley district board shall adopt plan revisions, pursuant
to subdivision (a) of Section 40463, after holding public hearings throughout
the valley district. The valley district board shall submit the adopted plan
revisions to the state board.
(b) Notice of the times and places of the public hearings shall be given
not less than 45 days prior to the first hearing and shall be published in
each county in the valley district in accordance with the requirements of
Section 6066 of the Government Code. The period of notice shall commence on
the first day of publication. Notice shall be mailed to every person who
filed a written request for notice concerning the plan with the valley
district and any person the valley district believes to be interested in the
plan. The notice shall include an abstract of any supporting information and
documents, environmental assessments, and other materials that are relevant to
the plan, and the name, address, and telephone number of the district officer
and employee from whom these materials, and a copy of the draft plan, may be
obtained.
SEC. 8. No reimbursement is required by this act pursuant to section 6 of
Article XIIIB of the California Constitution for those costs for which the
'local agency or school district has the authority to levy service charges,
fees, or assessments sufficient to pay for the program or level of service
mandated by this act.
However, nOtwithstanding Section 17610 of the Government Code, if the
Commission on State Mandates determines that this act contains other costs
mandated by the state, reimbursement to local agencies and school districts
for those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title. 2 of the Government Code. If the statewide cost
of the claim for reimbursement does not exceed one million dollars
($1,000,000), reimbursement shall be made from the State Mandates Claims
Fund.
Notwithstanding Section 17580 of the Government Code, unless otherwise '
specified in this act, the provisions of this act shall become operative on
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the same date that the act takes effect pursuant to the California
Constitution.